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MATTER OF GLOBAL LIBERTY INS. CO. v. PROFESSIONAL CHIROPRACTIC CARE, P.C.

1341N, 261079/14.

139 A.D.3d 645 (2016)

30 N.Y.S.3d 868

2016 NY Slip Op 04156

In the Matter of GLOBAL LIBERTY INSURANCE CO., Appellant, v. PROFESSIONAL CHIROPRACTIC CARE, P.C., Respondent.

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

Decided May 31, 2016.

The master arbitrator's award was arbitrary because it irrationally ignored the law, which petitioner insurer had presented to the master arbitrator, that the no-fault policy issued by petitioner was void ab initio due to respondent's assignor's failure to attend duly scheduled independent medical exams (see American Tr. Ins. Co. v Lucas, 111 A.D.3d 423, 424 [1st Dept 2013]). The alleged...

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