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Q: Deadline for Article 75 review on No-Fault Master arbitration award in NY?
I am inquiring about the deadline for an insurer to file an Article 75 review related to a No-Fault Master arbitration award. The award was issued in October 2024, but the insurer hasn't responded or issued payment per the award's terms. I'm aware that NY CPLR 7511 indicates a 90-day period, but I am uncertain about any specifics. Also, I am considering filing a complaint with the NYSDFS, though I am unsure of its effectiveness.
A: If you received an arbitration award and payment has not been timely made, your next step is to file a petition to confirm the award. Keep in mind that if the award is over $5,000, the insurance company can request a de novo review of the arbitration award (which is akin to a lawsuit). Here's something I found online which you might find helpful, https://nysinsurance.adr.org/sites/default/files/document_repository/AAA_NY_NoFault_Master_Appeal_Arbitration.pdf
Tim Akpinar agrees with this answer
A: With American Arbitration Association arbitrations, the Case Administrator might also be a source of guidance. Good luck
A:
You're correct that under New York law, an Article 75 proceeding to vacate or modify an arbitration award must be filed within 90 days of the award being delivered. This is governed by CPLR 7511, and the clock usually starts from the date the award is mailed or otherwise made available to the parties. If the insurer hasn't acted within that 90-day period, they may have lost their opportunity to challenge the award in court.
If the insurer hasn’t paid, and the deadline to seek judicial review has passed, you may be entitled to enforce the award through the courts. You can bring a petition to confirm the arbitration award, which is a separate process and helps convert the award into a court judgment. That judgment can then be used to compel payment through legal enforcement means if the insurer continues to ignore it.
Filing a complaint with the New York State Department of Financial Services (NYSDFS) can also be helpful, especially if the insurer is violating No-Fault rules by delaying or refusing payment. It won’t replace legal action, but it may pressure the insurer into compliance or even open the door for penalties. You’ve done the right thing by checking into your legal deadlines—don’t wait too long to act if payment is still outstanding.
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