No-Fault Arbitration & Article 75
Case notes on no-fault arbitration, master arbitration, and court review of awards under CPLR article 75.
57 articles from 2008–2025 · 1 current · 2 reviewed case notes · by Jason Tenenbaum
Current articles
Articles the firm treats as current: published since 2024, or older and re-checked against today's law. Most recently published or reviewed first.
- Forced Arbitration: Challenges in Discrimination Claims Feb 11, 2025
Explores forced arbitration in discrimination claims, examining laws with the 2021 EFAA, impacting employee rights and employer policies.
How the firm handles these matters
Reviewed case notes by year
Notes on decisions from earlier years that the firm has re-read against current law. Each note states when it was last reviewed and what has changed since.
Older archive
Case notes as they were written at the time. They have not been re-checked against later decisions, so treat them as history and confirm the current rule before relying on one.
2019 (6)
- The good hands people at it again
- Personal Jurisdiction in New York Insurance Cases: No-Fault Defense Guide
- Understanding Article 75 Proceedings: You Cannot Backdoor Master Awards Through Declaratory Judgment
- Master Arbitrator Review Standards NY – When Decisions Can Be Vacated
- Another arbitration only rule bites the dust
- The powers of a court to vacate an arbitration award
2018 (5)
2017 (4)
2016 (15)
- Rocket Docket – to the moon
- Causation defense not substantiated in intercompany arbitration
- Loss Transfer Arbitration in New York: Respondent Carriers Must Provide Affirmative Proof
- Article 75 review dissected
- Voluntary Inter-Company Arbitration: Lesson on Policy Limits in New York Insurance
- Loss transfer
- Rocket docket at the First Department
- Snooze and lose rule – Tremendous consequences
- Another Article 75 needed to be taken against AAA
- Trial de novos and exhausting administrative remedies
- Unitrin has been back-doored into the Second Department
- Framed Issue hearing on Ins Law 5107
- An article 75 that went nowhere
- Supreme Court held that Medicaid fee schedule applies to CPM rental
- “reasonable hypothesis” standard under Ins Law 5105
2014 (3)
2013 (6)
- Master Arbitration Decisions in New York No-Fault: Why AAA's Published Awards Matter to Practitioners
- An arbitrator’s order is not binding where the provider was not named in the underlying arbitration
- A trial de novo is but a declaratory judgment action – District Court lacks jurisdiction
- Great Wall is binding precedent on American Arbitration Association
- Rules on Trial De-Novo
- Arbitration and Personal Jurisdiction in New York No-Fault Insurance Cases
2012 (3)
2010 (4)
- The Appellate Division grants an Article 75 petition and remands the matter back to AAA arbitration
- Good luck trying to vacate a no-fault arbitration award pursuant to Article 75
- EBT in aid of arbitration? No dice.
- The failure to stay a compulsory arbitration on jurisdictional grounds precludes appellate review of the improperly arbitrated jurisdictional issue
2009 (4)
- A default that is more than meets the eyes
- The failure to serve a demand for master arbitral review in the manner set forth in the regulations will foreclose review of the underlying award
- Collateral Estoppel in No-Fault Arbitrations: Why the Fourth Department's Falzone Ruling Creates Dangerous Uncertainty
- Priority of payment disputes must be adjudicated through Ins. Law 5105 intercompany arbitration
Frequently asked questions
How does no-fault arbitration work in New York?
Any dispute over first-party benefits may be submitted, at the claimant's option, to arbitration (Insurance Law § 5106(b)). The claimant files with the designated organization and a $40 fee, refunded if the claimant prevails (11 NYCRR 65-4.2(b)(1)). A conciliation center first tries to settle the dispute (11 NYCRR 65-4.2(b)(2)); otherwise an arbitrator decides on written submissions or after a hearing (11 NYCRR 65-4.5). Either party may appeal to a master arbitrator within 21 calendar days of the award's mailing (11 NYCRR 65-4.10(d)(2)); the master award is binding except for CPLR article 75 review, or a de novo action if it is $5,000 or more (Insurance Law § 5106(c)).