Legal Opinion

Allstate Insurance v. Wilen

Appellate Division of the Supreme Court of the State of New York

Decided November 20, 2013Published

1Opinion of the Court

In a proceeding pursuant to CPLR article 75 to vacate the award of a master arbitrator dated June 6, 2012, which vacated an award of an arbitrator dated March 5, 2012, the petitioner appeals from an order of the Supreme Court, Nassau County (Jaeger, J.), entered October 1, 2012, which, inter alia, denied the petition and confirmed the master arbitrator’s award.

Ordered that the order is affirmed, with costs.

“A master arbitrator is empowered to apply the law to a given set of facts even if his or her conclusion differs from that of the arbitrator” (Matter of Empire Ins. Co. v Lam, 273 AD2d 469,…

2Cases cited3 opinions

  1. In re the Arbitration between Petrofsky & Allstate InsuranceNew York Court of Appeals · 1981
  2. State Farm Insurance v. SpilotrosAppellate Division of the Supreme Court of the State of New York · 1999
  3. Empire Insurance v. LamAppellate Division of the Supreme Court of the State of New York · 2000

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