Matter of Colonial Penn Ins. v. Allstate Ins. Co.

Full title: In the Matter of COLONIAL PENN INSURANCE COMPANY, Respondent, v. ALLSTATE…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: May 31, 1994

204 A.D.2d 720 (N.Y. App. Div. 1994)

614 N.Y.S.2d 243

Opinion

May 31, 1994

Appeal from the Supreme Court, Nassau County (Goldstein, J.).

Ordered that the judgment is affirmed, with costs.

Pursuant to Insurance Law § 5105 (b), the parties, both insurance companies, submitted to mandatory arbitration their dispute regarding which one is responsible for first-party benefits to Adolfo Ruiz. Since the arbitrator's award in favor of Allstate Insurance Company is not supported by any evidence or by any other basis in reason appearing in the record, the Supreme Court correctly vacated the award (see, Mount St. Mary's Hosp. v Catherwood, 26 N.Y.2d 493; Matter of Nyack Hosp. v. Government Empls. Ins. Co., 139 A.D.2d 515; see also, Matter of 20th Century Ins. Co. [Lumberman's Mut. Cas. Co.], 80 A.D.2d 288). Sullivan, J.P., Lawrence, Pizzuto, Joy and Goldstein, JJ., concur.