AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of HERMAN PANTON, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

Ordered that the judgment is affirmed, with costs.

In reviewing an arbitrator's award, a court will not set it aside for errors of law or fact unless the award is so irrational as to require vacatur (see, Matter of Empire Mut. Ins. Co. v Jones, 151 A.D.2d 754). Short of complete irrationality, arbitrators may do justice and fashion the remedy to fit the facts before them, subject of course to the interdictions of public policy as set forth in the Constitution, statutes and decisional law (see, Board of Educ. v Yonkers Fedn. of Teachers, 46 N.Y.2d 727; Matter of Fallek v City School Dist., 145 A.D.2d 482). Since the arbitrators' refusals to grant the petitioner's claims for no-fault benefits arising from expenses incurred more than five years prior to the filing of the claims on the ground that the respondent would be unable to verify them cannot be considered to have been completely irrational or contrary to public policy, those determinations will not be disturbed. Brown, J.P., Sullivan, Lawrence and Ritter, JJ., concur.

Use AI to get other relevant cases.

Comments

MATTER OF PANTON v. ALLSTATE INSURANCE CO
(May 31, 1991)