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MATTER OF DTG OPERATIONS, INC. v. AUTOONE INSURANCE COMPANY

2100N, 156932/13.

144 A.D.3d 422 (2016)

2016 NY Slip Op 07133

40 N.Y.S.3d 392

In the Matter of DTG OPERATIONS, INC., Doing Business as DOLLAR RENT A CAR, Appellant, v. AUTOONE INSURANCE COMPANY, as Subrogee of Vincent Harris, et al., Respondents.

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

Decided November 1, 2016.

Here, where the arbitration was compulsory pursuant to Insurance Law § 5105 (b), the arbitrator's findings are subject to "closer judicial scrutiny" than a voluntary arbitration, and the award "must have evidentiary support and cannot be arbitrary and capricious" (Matter of Motor Veh. Acc. Indem. Corp. v Aetna Cas. & Sur. Co., 89 N.Y.2d 214, 223 [1996]; Matter of DiNapoli v Peak Automotive, Inc.,

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