MATTER OF MARCIANO v. GENERAL ACC. INS. CO

Ordered that the judgment is affirmed, with costs.

The appellant is not entitled to a trial de novo. In this case, the petitioner demanded arbitration pursuant to the rules of the American Arbitration Association and the parties proceeded to arbitration pursuant to that demand. By award dated February 21, 1993, the American Arbitration Association arbitrator awarded the petitioner $375,000. The policy provides that if an arbitration award exceeds "the minimum limit for bodily injury liability specified by the financial responsibility law of [this] [S]tate * * * either party may demand [a trial de novo]". While the policy provisions granting the right to a trial de novo are not against public policy (see, Allstate Ins. Co. v. Jacobs, 208 A.D.2d 578), the appellant cannot invoke those provisions because "the parties proceeded to arbitration in accordance with the rules applicable to the American Arbitration Association, and not in accordance with the policy provisions" (Matter of Eckart v. Aetna Cas. Sur. Co., 208 A.D.2d 533).

Insurance Law § 5106 (c), which grants the statutory right to a trial de novo where a "master arbitrator's award is five thousand dollars or greater", is inapplicable here since we are not dealing with a master arbitrator's award.

The appellant's remaining contention is without merit. Thompson, J.P., Copertino, Hart and Goldstein, JJ., concur.