State Farm Mutual Automobile Insurance v. Fireman's Fund Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding pursuant to CPLR article 75 to confirm an arbitration award, the petitioner appeals from so much of an order of the Supreme Court, Nassau County (Lockman, J.), dated May 29, 1985, as modified the amount of the award to $3,450.
Order affirmed insofar as appealed from, with costs.
Where the award rendered by an arbitrator exceeds allowable insurance limits, the insurer’s remedy is to move to modify the award (see, Matter of Nationwide Mut. Ins. Co. [Miller], 95 AD2d 961). Although an aggrieved party has only 90 days in which to move to vacate or modify an award (CPLR 7511 [a]),…
2Cases cited6 opinions
- In re the Arbitration between Katz & UvegiNew York Supreme Court · 1959
- In re the Arbitration between Nationwide Mutual Insurance & MillerAppellate Division of the Supreme Court of the State of New York · 1983
- Morris v. Government Employees InsuranceAppellate Division of the Supreme Court of the State of New York · 1981
- In re the Arbitration between Katz & UvegiAppellate Division of the Supreme Court of the State of New York · 1960
- Morris v. Government Employees InsuranceAppellate Terms of the Supreme Court of New York · 1980
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Local 802, Associated Musicians of Greater New York v. The Parker Meridien HotelCourt of Appeals for the Second Circuit · 1998
- New York City District Council of Carpenters Pension Fund v. Dafna Construction Co.District Court, S.D. New York · 2006
- Karlan Construction Co. v. Bur-dick Associates Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1990
- Brentnall v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1993
- Vilceus v. North River InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
4 more not listed; retrieve them via the Exa API.