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MATTER OF MVAIC v. INTERBORO MEDICAL CARE & DIAGNOSTIC PC

2909, 115848/08

73 A.D.3d 667 (2010)

902 N.Y.S.2d 45

In the Matter of MVAIC, Appellant, v. INTERBORO MEDICAL CARE & DIAGNOSTIC PC, Respondent.

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

Decided May 27, 2010.

MVAIC defended the arbitration on the ground that the police accident report showed that the offending vehicle was registered out-of-state and was insured, but the arbitrator refused to consider that defense on the merits on the ground that MVAIC had failed to pay or deny the claim within 30 days of its submission, as required by the no-fault law (Insurance Law § 5106 [a]; 11 NYCRR 65-3.8 [a] [1]; [c]). This was contrary to settled law (see generally Matter of State...

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