Tuesday, April 18, 2006
If you handle arbitrations, you better read
Better Health Med. PLLC v Empire/allcity Ins. Co., 2006 NY Slip Op 50571(U) Civil Court Of The City Of New York, New York County. In this decision by Judge Thomas, while finding that this claim arose before the new regulations went into effect, the court did not find that the master arbitrator abused its discretion in upholding the award of the arbitrator finding claimant had no standing. "This Court finds that the determination by the arbitrator that fraud may be an issue in the processing of this claim does not constitute an arbitrary or capricious ruling nor is it incorrect as a matter of law."