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OLAN v. ALLSTATE INS. CO.

212 A.D.2d 362 (1995)

622 N.Y.S.2d 33

Wayne Olan, Respondent, v. Allstate Insurance Company, Appellant

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

February 2, 1995

The IAS Court properly found that the arbitrator's refusal to grant petitioner an adjournment in order to procure an independent qualified radiologist who could testify to the nature of the undisputed injury and demonstrate that it is a fracture, thus qualifying as a "serious injury" under Insurance Law § 5102 (d), constituted an abuse of discretion tantamount to misconduct. An arbitrator is guilty of misconduct, and an award...

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