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PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, Appellant, v. CHARLES OGUNRO, Respondent.

Judgment affirmed, with costs.

In reviewing an arbitration award, a court will not set it aside for errors of law or fact (see, Matter of Garcia v Federal Ins. Co., 46 N.Y.2d 1040) unless the award is so irrational as to require vacatur (see, Cohn v. Royal Globe Ins. Co., 49 N.Y.2d 942). While an affirmance is indicated at bar, because the arbitrator's interpretation of the law, which was upheld by the Master Arbitrator, cannot be said to be beyond the bounds of rationality (see, Matter of Smith [Firemen's Ins. Co.], 55 N.Y.2d 224), our own interpretation would be that neither the assigned risk plan statute or rules (Insurance Law § 5301 et seq.; New York Automobile Insurance Plan Rules) nor the statute applicable to premium finance companies (Banking Law § 576) would impose the same obligation upon a premium finance company which is imposed upon an insurer to notify the insured of his right to seek a review of a cancellation of his policy (see, Ward v. Gresham, 59 N.Y.2d 878; cf. Daniel v. Rivera, 93 A.D.2d 877, affd 60 N.Y.2d 662). Lazer, J.P., Brown, Weinstein and Spatt, JJ., concur.

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PRUDENTIAL PROPERTY CAS. INS. CO. v. OGUNRO
(Apr 7, 1986)