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IN THE MATTER OF REILLY v. PROGRESSIVE INSURANCE COMPANY

5 A.D.3d 776 (2004)

773 N.Y.S.2d 608

In the Matter of ENDA REILLY et al., Appellants, v. PROGRESSIVE INSURANCE COMPANY, Respondent.

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

March 29, 2004.

Ordered that the order is affirmed, with costs.

The petitioners sought to vacate an arbitrator's award denying them uninsured motorist benefits on the grounds that the arbitrator was not impartial and that his determination was irrational. However, the petitioners waived their right to object to the determination on the ground of partiality by participating in the arbitration without objection after observing the conduct they believed revealed such partiality (

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