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Legal Opinion

In re the Arbitration between Country-Wide Insurance & Barrios

New York Court of Appeals

Decided November 15, 1977PublishedCited by 14 opinions

1Opinion of the Court

*686OPINION OF THE COURT

Memorandum.

Order affirmed, with costs. Attorneys’ fees allowable under the regulations (11 NYCRR 65.6 [g] [1]) of the Comprehensive Automobile Insurance Reparations Act (Insurance Law, art 18) are "based upon the reasonable value of the legal work performed in obtaining the recovery” and not the amount in controversy. It is the arbitrator who is empowered to evaluate legal services (Insurance Law, § 675).

There is nothing in the record to warrant disturbing the award (cf. Matter of Torano [MVAIC], 15 NY2d 882, affg 19 AD2d 356).

Chief Judge Breitel and Judges Jasen,…

2Cases cited2 opinions

  1. In Re the Arbitration Between Torano & Motor Vehicle Accident Indemnification Corp.New York Court of Appeals · 1965
  2. In re the Arbitration between Torano & Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 1963

3Cited by14 opinions

  1. In re the Arbitration between Simmons & Government Employees InsuranceAppellate Division of the Supreme Court of the State of New York · 1977
  2. In Re the Arbitration Between Fresh Meadows Medical Associates & Liberty Mutual InsuranceNew York Court of Appeals · 1979
  3. In re the Arbitration between Fresh Meadows Medical Associates & Liberty Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1978
  4. Morris v. Government Employees InsuranceAppellate Division of the Supreme Court of the State of New York · 1981
  5. Deto Laboratory, Inc. v. Allstate InsuranceCivil Court of the City of New York · 1983

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