No-Fault Arbitration Award Vacated Where Arbitrator Strictly Applied Rules of Evidence to Chiropractor’s IME Report

Auto One Ins. Co. v. Hillside Chiropractic, P.C., 2015 NY Slip Op 01750 (App. Div., 1st Dept. 3/3/2015)

The Appellate Division, First Department reversed an order of the Supreme Court, which denied an insurer’s motion to vacate a Master Arbitrator’s decision affirming a No-Fault arbitration award in favor of the applicant medical provider, finding that the award should have been vacated based on the arbitrator’s failure to give any weight to a chiropractor’s IME report because it was not notarized in compliance with CPLR § 2106. The Court found that the lower arbitrator’s application of the strict evidentiary rules set forth in the CPLR was arbitrary in light of the fact that the regulations governing No-Fault arbitration state that conformity with such rules is unnecessary. The Appellate Division therefore held that the award should have been vacated.

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