Opinion
9508N Index 27449/18E
09-03-2019
In re GLOBAL LIBERTY INSURANCE E COMPANY OF NEW YORK, Petitioner–Appellant, v. TOP Q. INC., As Assignee of Zurima Cole, Respondent.
Law Office of Jason Tenenbaum, P.C., Garden City (Jason Tenenbaum of counsel), for appellant.
Law Office of Jason Tenenbaum, P.C., Garden City (Jason Tenenbaum of counsel), for appellant.
Sweeny, J.P., Renwick, Manzanet–Daniels, Tom, Oing, JJ.
Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered August 31, 2018, which denied the petition to vacate a master arbitrator's award, unanimously reversed, on the law, without costs, and the petition granted.
The master arbitrator's award was arbitrary because it irrationally ignored the controlling law that the no-fault policy issued by petitioner was void ab initio due to respondent's assignor's failure to attend duly scheduled independent medical exams (see Hereford Ins. Co. v. Lida's Med. Supply, Inc., 161 A.D.3d 442, 443, 76 N.Y.S.3d 36 [1st Dept. 2018] ; Matter of Global Liberty Ins. Co. v. Professional Chiropractic Care, P.C. , 139 A.D.3d 645, 646, 30 N.Y.S.3d 868 [1st Dept. 2016] ; American Tr. Ins. Co. v. Lucas, 111 A.D.3d 423, 424, 974 N.Y.S.2d 388 [1st Dept. 2013] ).