Commercial Union Insurance v. Ewall

Order and judgment (one paper), Supreme Court, New York County (Shirley Fingerhood, J.), entered on or about July 10, 1989, granting petitioner’s motion to vacate the arbitrator’s award, dated December 5, 1988, directing petitioner to pay respondent the sum of $85,000, unanimously reversed, on the law, with costs and disbursements, the motion denied and the arbitrator’s award confirmed.

Respondent was injured on October 28, 1986 when the vehicle he was driving was struck in the rear by a vehicle which fled from the scene of the accident. Respondent thereafter made a claim against petitioner…