September 3, 2019

Matter of Global Liberty Ins. Co. of N.Y. v Top Q. Inc. (2019 NY Slip Op 06445)

Headnote

The relevant facts the court considered in the case of Matter of Global Liberty Ins. Co. of N.Y. v Top Q. Inc. included the denial of a petition to vacate a master arbitrator's award. The main issue decided by the court was whether the master arbitrator's award was arbitrary due to its irrational disregard of controlling law related to a no-fault insurance policy. The holding of the court was that the master arbitrator's award was indeed arbitrary because it irrationally ignored the controlling law that the no-fault policy issued by the petitioner was void ab initio. Therefore, the petition to vacate the master arbitrator's award was granted.

Reported in New York Official Reports at Matter of Global Liberty Ins. Co. of N.Y. v Top Q. Inc. (2019 NY Slip Op 06445)

Matter of Global Liberty Ins. Co. of N.Y. v Top Q. Inc.

2019 NY Slip Op 06445 [175 AD3d 1131]

September 3, 2019

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, October 30, 2019

[*1]

In the Matter of Global Liberty Insurance Company of New York, 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.

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 AD3d 442, 443 [1st Dept 2018]; Matter of Global Liberty Ins. Co. v Professional Chiropractic Care, P.C., 139 AD3d 645, 646 [1st Dept 2016]; American Tr. Ins. Co. v Lucas, 111 AD3d 423, 424 [1st Dept 2013]). Concur—Sweeny, J.P., Renwick, Manzanet-Daniels, Tom, Oing, JJ.