Legal Opinion

Transamerica Insurance v. Kemper Insurance

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

Decided February 13, 1981PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Simons, J.

Petitioner Transamerica Insurance Company has moved to vacate an arbitration decision in a loss transfer case (see Insurance Law, § 674). The panel defaulted petitioner because its attorney failed to appear although notified of the hearing. Special Term vacated the panel’s decision, holding that by failing to obtain the appearance of Transamerica’s attorneys and by failing to decide the case on the merits the arbitrators were guilty of misconduct for refusing to hear and consider material evidence (see CPLR 7511, subd [b] ; *70Matter of Professional Staff…

2Cases cited12 opinions

Rokowsky v. Finance AdministratorNew York Court of Appeals · 1977
Lentine v. FundaroNew York Court of Appeals · 1972
In Re the Arbitration Between Furstenberg & Aetna Casualty & Surety Co.New York Court of Appeals · 1980
In re the Arbitration between Shand & Aetna InsuranceAppellate Division of the Supreme Court of the State of New York · 1980
Gervant v. New England Fire InsuranceNew York Court of Appeals · 1954

7 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

In re Arbitration between Bevona & Superior Maintenance Co.Appellate Division of the Supreme Court of the State of New York · 1994