Matter of Sandoval v. Allstate Fire & Casualty Co.

Summary

The Appellate Division, Second Department, affirmed an order denying a petition to vacate an uninsured/underinsured motorist arbitration award and confirming the award. The court held that the arbitrator's determination had evidentiary support and was not arbitrary and capricious under the heightened review applicable to compulsory arbitration.

Holdings

1. An award in a compulsory uninsured/underinsured motorist arbitration proceeding must have evidentiary support and cannot be arbitrary and capricious; the award here met that standard.
2. The Supreme Court properly denied the petition and confirmed the arbitration award.

Questions Presented

1. Whether the compulsory uninsured/underinsured motorist arbitration award satisfied the heightened judicial-review standard under CPLR 7511(b).
2. Whether the Supreme Court properly denied the petition to vacate the arbitration award and confirmed the award.

Disposition

affirmed