GREEN v. LIBERTY MUTUAL INSURANCE COMPANY TRUST


16 A.D.3d 457 (2005)

791 N.Y.S.2d 630

CHARLES GREEN, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY TRUST, Respondent.

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

March 14, 2005.


Ordered that the order is affirmed, with costs.

The plaintiff contends that he was entitled to a trial de novo of his no-fault claim pursuant to Insurance Law § 5106 (c) because the amount in controversy was greater than $5,000. We disagree. The statute permits an insurer or a claimant to institute a court action to adjudicate the dispute de novo where the master arbitrator's award is $5,000 or greater. Here, the master arbitrator made no monetary award and the...

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