ARTICLE 75

Progressive Cas. Ins. Co. v. Garcia, 33 N.Y.S.3d 385 Insurer brought a CPLR article 75 to permanently stay arbitration of an uninsured motorist claim.  The Appellate Division reversed the lower Court saying Progressive failed to timely commence the action.  Specifically, the Court said: “ ‘C

DE NOVO – ARBITRATION AWARD

Auto One Insurance Company v. Easter Island Medical Care, P.C., 2016 WL 3606938   Now that arbitration has become very prevalent, this has become more common.  The insurer filed for de novo adjudication from an arbitration (affirmed by a Master) which exceeded $5000.00. The insurer also failed

APPEAL OF ARBITRATION AWARD

Country-Wide Ins. Co. v TC Acupuncture, P.C. 2016 NY Slip Op 05104 http://www.nycourts.gov/reporter/3dseries/2016/2016_05104.htm Provider commenced an arbitration against insurance company.  Insurer, relying on State Farm Mut. Auto Ins. Co. v Mallela (4 NY3d 313 [2005]), asserted that it could wi