Key Takeaway
Court rejects insurance carrier's attempt to overturn no-fault arbitration award after failing to include required reimbursement language in IME notices.
This article is part of our ongoing arbitrations coverage, with 59 published articles analyzing arbitrations issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
Matter of Unitrin Advantage Ins. Co. Kemper A. Unitrin Bus. v Professional Health Radiology, 2016 NY Slip Op 06767 (1st Dept. 2016)
I read through this case. The carrier left out page two of one of the letters (that contain the reimbursement language) and, after the arbitration, sought to include it in its Petition to set aside the arbitration award. The Supreme Court was not impressed and neither was the Appellate Division. But had Unitrin (or counsel) not committed as many errors, the rocket docket rule appeared to be malleable upon a finding of law office failure. I am looking to see how this concept plays out in future cases.
” The no-fault regulations include mandatory notice requirements governing insurer requests for both IMEs and examinations under oath (11 NYCRR 65-3.5). The regulations expressly provide that the insurer “shall inform the applicant at the time the examination is scheduled that the applicant will be reimbursed for any loss of earnings and reasonable transportation expenses incurred in complying with the request” (id.). Unitrin failed to establish that the requisite regulatory language was contained within its November 30, 2011 letters sent to the assignors, and, based on the multiple errors committed by Unitrin, it failed to establish inadvertent law office error, or that the cases should be remanded, in the interest of justice, for a new arbitration hearing.”
In addition, the Court correctly held that: “In a proceeding for judicial review of an award by a master arbitrator, an attorney’s fee shall be fixed by the court adjudicating the matter” (Matter of GEICO Ins. Co. v AAAMG Leasing Corp., 139 AD3d 947, 948 ; see 11 NYCRR 65-4.10)”
Unfortunately for the provider, AAMG limits reimbursement to $70 an hour.
Related Articles
- A default that is more than meets the eyes
- Good luck trying to vacate a no-fault arbitration award pursuant to Article 75
- Trial de novos and exhausting administrative remedies
- Gary T day
Legal Update (February 2026): Since this 2016 decision, the no-fault regulations cited (11 NYCRR 65-3 and 65-4) may have been amended, particularly the IME notice requirements under section 65-3.5 regarding mandatory reimbursement language. Additionally, procedural rules governing arbitration proceedings and Article 75 petition standards may have evolved. Practitioners should verify current regulatory provisions and recent case law developments when handling IME compliance and arbitration challenges.
Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
About This Topic
No-Fault Arbitrations in New York
No-fault arbitration is the primary forum for resolving disputes between medical providers and insurers over claim denials. The arbitration process has its own procedural rules, evidentiary standards, and appeal mechanisms — including master arbitration and Article 75 judicial review. Understanding arbitration practice is essential for any attorney handling no-fault claims. These articles cover arbitration procedures, hearing strategies, award enforcement, and the grounds for challenging arbitration outcomes in court.
59 published articles in Arbitrations
Keep Reading
More Arbitrations Analysis
Forced Arbitration: Challenges in Discrimination Claims
Explores forced arbitration in discrimination claims, examining laws with the 2021 EFAA, impacting employee rights and employer policies.
Feb 11, 2025Election to arbitrate
New York no-fault insurance arbitration ruling: once a provider elects arbitration for accident claims, they cannot switch forums even against different carriers.
Apr 27, 2020Medical provider cannot demand that fraud and RICO matter be heard in arbitration
Medical providers cannot compel arbitration for fraud and RICO claims against insurers, Second Circuit rules in Allstate v. Mun case analysis.
May 6, 2014Good luck trying to vacate a no-fault arbitration award pursuant to Article 75
New York Court of Appeals establishes narrow grounds for vacating no-fault arbitration awards under CPLR 7511, emphasizing limited judicial review options.
May 15, 2010Understanding Article 75 Proceedings: You Cannot Backdoor Master Awards Through Declaratory Judgment
Learn why you cannot backdoor arbitration awards through declaratory judgment in NY. Expert Article 75 guidance from Long Island attorneys. Call 516-750-0595.
Jun 2, 2019Causation defense not substantiated in intercompany arbitration
Court upholds intercompany arbitration award where causation defense fails - DTG Operations v Travelers case analysis on injury causation standards.
Dec 30, 2016Common Questions
Frequently Asked Questions
How does no-fault arbitration work in New York?
No-fault arbitration is conducted under the American Arbitration Association's rules. The claimant (usually a medical provider) files a request for arbitration after the insurer denies a claim. An assigned arbitrator reviews written submissions from both sides — including medical records, denial letters, peer reviews, and legal arguments — and issues a written decision. Arbitration awards can be confirmed in court under CPLR Article 75, and either party can appeal to a master arbitrator. No-fault arbitration is generally faster and less expensive than litigation.
What is CPLR Article 75?
CPLR Article 75 governs arbitration in New York, including the procedures for confirming, vacating, and modifying arbitration awards. In no-fault practice, Article 75 is used to convert arbitration awards into enforceable court judgments. A petition to confirm or vacate an arbitration award must be filed within one year of the award being delivered (CPLR 7510). Courts can vacate awards on narrow grounds, including corruption, fraud, arbitrator misconduct, or the arbitrator exceeding their power.
Was this article helpful?
About the Author
Jason Tenenbaum, Esq.
Jason Tenenbaum is the founding attorney of the Law Office of Jason Tenenbaum, P.C., headquartered at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746. With over 24 years of experience since founding the firm in 2002, Jason has written more than 1,000 appeals, handled over 100,000 no-fault insurance cases, and recovered over $100 million for clients across Long Island, Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. He is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.
Jason is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as multiple federal courts. His 2,353+ published legal articles analyzing New York case law, procedural developments, and litigation strategy make him one of the most prolific legal commentators in the state. He earned his Juris Doctor from Syracuse University College of Law.
Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
If you need legal help with a arbitrations matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.