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TRANSAMERICA INS v. KEMPER

79 A.D.2d 69 (1981)

Transamerica Insurance Company, Respondent, v. Kemper Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 13, 1981

Attorney(s) appearing for the Case

Greene, Hershdorfer & Sharpe (Victor J. Hershdorfer of counsel), for appellant.

Bond, Schoeneck & King (John D. Allen and John J. Dee of counsel), for respondent.

CARDAMONE, J. P., CALLAHAN, DOERR and SCHNEPP, JJ., concur.

SIMONS, J.

Petitioner Transamerica Insurance Company has moved to vacate an arbitration decision in a loss transfer case (see Insurance Law, § 674). The panel defaulted petitioner because its attorney failed to appear although notified of the hearing. Special Term vacated the panel's decision, holding that by failing to obtain the appearance of Transamerica's attorneys and by failing to decide the case on the merits the arbitrators were guilty of...

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