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MATTER OF COUNTRY-WIDE INS. CO. v. TC ACUPUNCTURE P.C.

9416, 652429/15.

172 A.D.3d 598 (2019)

98 N.Y.S.3d 845

2019 NY Slip Op 04087

In the Matter of Country-Wide Insurance Company, Respondent, v. TC Acupuncture P.C., as Assignee of Alexander Oneal, Respondent-Appellant.

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

Decided May 28, 2019.

The court failed to consider 11 NYCRR 65-4.10 (j) (4), which applies to this appeal of a master arbitration award. Instead, the court applied 11 NYCRR 65-4.6, the regulation applicable to attorneys' fee awards at an initial arbitration, and calculated the award as 20% of the arbitration demand of $3,746, awarding $749.38.

Pursuant to Insurance Law § 5106 (a), if a valid claim or portion of a claim for no-fault benefits is overdue, "`the claimant shall also be...

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