Summary
In Scher v. State Farm Ins. Co., 240 AD2d 415 (2nd Dept 1997), the Court observed that, "[s]ince a claim by an insured against an insurance carrier under the uninsured motorists' endorsement is subject to compulsory arbitration, the scope of judicial review of an arbitrator's award includes whether the award is supported by evidence or has other basis in reason, as may be appropriate, and appearing in the record..."
Summary of this case from CNA GLOBAL RES. MGRS. CUSTOM TOWING v. BERRYOpinion
June 2, 1997
Appeal from the Supreme Court, Rockland County (Meehan, J.).
Ordered that the order is affirmed, with costs.
Since a claim by an insured against an insurance carrier under the uninsured motorists' endorsement is subject to compulsory arbitration, the scope of judicial review of an arbitrator's award includes whether the award is supported by evidence or has other basis in reason, as may be appropriate, and appearing in the record ( see, Mount St. Mary's Hosp. v Catherwood, 26 N.Y.2d 493, 508; Matter of Furstenberg [Aetna Cas. Sur Co. — Allstate Ins. Co.], 49 N.Y.2d 757; Matter of American Motors Sales Corp. v. Brown, 152 A.D.2d 343, 346 Rose v. Travelers Ins. Co., 96 A.D.2d 551).
We find that the record contains a rational basis for the arbitrator's finding that the petitioner did not sustain a "serious injury" within the meaning of Insurance Law § 5102 (d)
Bracken, J.P., O'Brien, Santucci, Friedmann and Goldstein, JJ., concur.