From Casetext: Smarter Legal Research

Matter of Hanover Ins. v. St. Farm Mut. Auto

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1996
226 A.D.2d 533 (N.Y. App. Div. 1996)

Opinion

April 15, 1996

Appeal from the Supreme Court, Westchester County (Donovan, J.).


Ordered that the appeal from the order entered March 22, 1995, is dismissed, as that order was superseded by the order entered April 24, 1995, made upon reargument; and it is further,

Ordered that the order entered April 24, 1995, is affirmed insofar as appealed from; and it is further,

Ordered that the respondent is awarded one bill of costs.

The test applicable for review of a compulsory no-fault arbitration award where an error of law is in issue is whether any reasonable hypothesis can be found to support the questioned interpretation. In reviewing an arbitrator's award, a court should not set it aside for errors of law or fact unless the award is so irrational as to require vacatur ( see, Matter of Adams v. Allstate Ins. Co., 210 A.D.2d 319, 320; Matter of Empire Mut. Ins. Co. v. Jones, 151 A.D.2d 754). We conclude that there was a rational basis for the arbitrators to conclude that the petitioner failed to sustain its burden of proof by failing to present evidence to establish the weight requirement set forth in Insurance Law § 5105. Mangano, P.J., Thompson, Florio and McGinity, JJ., concur.


Summaries of

Matter of Hanover Ins. v. St. Farm Mut. Auto

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1996
226 A.D.2d 533 (N.Y. App. Div. 1996)
Case details for

Matter of Hanover Ins. v. St. Farm Mut. Auto

Case Details

Full title:In the Matter of HANOVER INSURANCE COMPANY, Appellant, v. STATE FARM…

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

Date published: Apr 15, 1996

Citations

226 A.D.2d 533 (N.Y. App. Div. 1996)
641 N.Y.S.2d 547

Citing Cases

Fiduciary Ins. Co. of Am. v. Am. Bankers Ins. Co. of Fla.

An arbitration award in a mandatory arbitration proceeding will be upheld if it is supported by the evidence…

RJ Prof'l Acupuncturist, P.C. v. Mvaic

The standard applicable to judicial review of a compulsory arbitration proceeding is whether the award was…