MATTER OF ECKART v. AETNA CAS. & SUR. CO.


208 A.D.2d 533 (1994)

616 N.Y.S.2d 789

In the Matter of Annette Eckart, Respondent, v. Aetna Casualty and Surety Company, Appellant

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

October 3, 1994


Ordered that the order is affirmed insofar as appealed from, with costs.

The subject insurance policy contains a provision permitting either party to demand a trial de novo where, as here, the amount of the arbitration award exceeds the limit specified by the financial responsibility law. However, we find that the right to make such a demand is linked, by the terms of the insurance contract, to the procedures governing common law arbitration proceedings. In this case...

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