Legal Opinion

In Re Arbitration Between Astoria Medical Group & Health Insurance Plan

New York Court of Appeals

Decided March 29, 1962PublishedCited by 113 opinions

1Opinion of the CourtFuld, J.

The intensely practical question presented by this appeal revolves about the attempt of one party to a typical tripartite arbitration agreement to have the court intervene, before an award has been made, and disqualify the arbitrator designated by the other party because of his asserted personal interest and partiality.

The appellant Health Insurance Plan (HIP), a nonprofit corporation organized under this State’s Insurance Law (art. IX-C), is engaged in writing policies of insurance which provide complete medical care. And, to assure such care to its policyholders, HIP enters into contracts…

2Cases cited19 opinions

  1. Fudickar v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1875
  2. In Re the Arbitration Between Lipschutz & GutwirthNew York Court of Appeals · 1952
  3. Madawick Contracting Co. v. Travelers InsuranceNew York Court of Appeals · 1954
  4. In re the Arbitration between American Eagle Fire Insurance & New Jersey InsuranceNew York Court of Appeals · 1925
  5. Conley v. San Carlo Opera Co.Court of Appeals for the Second Circuit · 1947

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3Cited by113 opinions

  1. Scandinavian Reinsurance Co. v. Saint Paul Fire and Marine Ins. Co.Court of Appeals for the Second Circuit · 2012
  2. Ahmad Baravati v. Josephthal, Lyon & Ross, Incorporated, and Peter SheibCourt of Appeals for the Seventh Circuit · 1994
  3. Westinghouse Electric Corp. v. New York City Transit AuthorityDistrict Court, S.D. New York · 1990
  4. In Re the Arbitration Between Siegel & LewisNew York Court of Appeals · 1976
  5. Salvano v. Merrill Lynch, Pierce, Fenner & Smith, Inc.New York Court of Appeals · 1995

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