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Interboro Mutual Indemnity Insurance v. Motor Vehicle Accident Indemnification Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1998
251 A.D.2d 580 (N.Y. App. Div. 1998)

Opinion

June 22, 1998

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


Ordered that the order and judgment is affirmed, with costs.

To be upheld, an award in a compulsory arbitration proceeding must have evidentiary support and cannot be arbitrary and capricious ( see, Matter of MVAIC v. Aetna Cas. Sur. Co., 89 N.Y.2d 214, 223; Mount St. Mary's Hosp. v. Catherwood, 26 N.Y.2d 493). The Supreme Court properly confirmed the arbitrator's awards. The respondent established a prima facie case that the subject vehicle was insured by the petitioner at the time of the accident ( see, Matter of Eagle Ins. Co. v. Olephant, 81 A.D.2d 886; Matter of State Farm Mut. Auto. Ins. Co. v. Yeglinski, 79 A.D.2d 1029), and the affidavit of the petitioner's underwriting manager was insufficient to overcome this showing ( see, Country Wide Ins. Co. v. Allstate Ins. Co., 223 A.D.2d 664; see also, Matter of State Farm Ins. Co. v. Vanblarcom, 226 A.D.2d 732; cf., Matter of Allstate Ins. Co. v. Karadag, 205 A.D.2d 531).

Bracken, J.P., Copertino, Santucci, Florio and McGinity, JJ., concur.


Summaries of

Interboro Mutual Indemnity Insurance v. Motor Vehicle Accident Indemnification Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1998
251 A.D.2d 580 (N.Y. App. Div. 1998)
Case details for

Interboro Mutual Indemnity Insurance v. Motor Vehicle Accident Indemnification Corp.

Case Details

Full title:IN THE MATTER OF INTERBORO MUTUAL INDEMNITY INSURANCE COMPANY, Appellant…

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

Date published: Jun 22, 1998

Citations

251 A.D.2d 580 (N.Y. App. Div. 1998)
673 N.Y.S.2d 933

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