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MATTER OF EAGLE INS. CO.

202 A.D.2d 273 (1994)

608 N.Y.S.2d 655

In the Matter of the Arbitration between Eagle Insurance Company, Appellant, and National Union Fire Insurance Company of Pennsylvania, Respondent

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

March 15, 1994

The award dated October 15, 1990, rendered on respondent's default in appearing at the arbitration hearing, should be vacated for "failure to follow the procedure of this article" (CPLR 7511 [b] [1] [iv]; [2] [i]) with respect to notice (CPLR 7506 [b]), given the insistence of the arbitration forum that it failed to give respondent notice of the hearing in accordance with Insurance Department regulations, and that its award is therefore...

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