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MATTER OF AMTRUST GROUP v. AMERICAN TR. INS. CO.

6575N, 654453/16.

161 A.D.3d 537 (2018)

73 N.Y.S.3d 746

2018 NY Slip Op 03491

In the Matter of Amtrust Group, Appellant, v. American Transit Insurance Company, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 15, 2018.

Where, as here, arbitration is compulsory pursuant to Insurance Law § 5105 (b), "the arbitrator's findings are subject to `closer judicial scrutiny' than a voluntary arbitration, and the award `must have evidentiary support and cannot be arbitrary and capricious'" (Matter of DTG Operations, Inc. v AutoOne Ins. Co., 144 A.D.3d 422, 422 [1st Dept 2016], quoting Matter of Motor Veh. Acc. Indem. Corp. v Aetna Cas. & Sur....

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