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MATTER OF TECHNOLOGY INS. CO. INC. v. PROGRESSIVE MAX INS. CO.

10260, 652376/17.

176 A.D.3d 652 (2019)

109 N.Y.S.3d 645

2019 NY Slip Op 07864

In the Matter of Technology Insurance Company Inc., Appellant, v. Progressive Max Insurance Company, Respondent.

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

Decided October 31, 2019.

Attorney(s) appearing for the Case

Marschhausen & Fitzpatrick, P.C., Hicksville ( Kevin P. Fitzpatrick of counsel), for appellant.

Carman, Callahan & Ingham, LLP, Farmingdale ( Paul A. Barrett of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Kern, Singh, JJ.

The award in this compulsory arbitration was neither irrational nor arbitrary and capricious (see e.g. Matter of Motor Veh. Acc. Indem. Corp. v Aetna Cas. & Sur. Co., 89 N.Y.2d 214, 223 [1996]; Caso v Coffey, 41 N.Y.2d 153, 158 [1976]). It was rational for the arbitrator to rely on guidance from the Loss Transfer Advisory Committee and the...

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