New York Court of Appeals, 1998

Brijmohan v. State Farm Insurance

New York Court of Appeals · Decided June 4, 1998

92 N.Y.2d 821; 677 N.Y.S.2d 55; 699 N.E.2d 414; 1998 N.Y. LEXIS 1416

Cases that cite this one

21 later published cases cite this decision.

Tatibouet v. Ellsworth (Haw. 2002)
Matter of Ameriprise Ins. Co. v. Kensington Radiology Group, P.C. (Appellate Division of the Supreme Court of New York 2020)
Allstate Prop. & Cas. Ins. Co. v. Northeast Anesthesia & Pain Mgt. (Appellate Terms of the Supreme Court of New York 2016)
Nationwide Mut. Ins. Co. v. Geico Cas. (Appellate Terms of the Supreme Court of New York 2016)
Matter of Country-Wide Ins. Co. v. Sono RX, Inc. (New York Supreme Court, New York County 2024)
Matter of DTR Country-Wide Ins. Co. v. Refill Rx Pharmacy, Inc. (Appellate Division of the Supreme Court of New York 2023)
Matter of DTR Country-Wide Ins. Co. v. Refill Rx Pharmacy, Inc. (Appellate Division of the Supreme Court of New York 2023)
Allstate Fire & Cas. Ins. Co. v. Branch Med., P.C. (Appellate Terms of the Supreme Court of New York 2022)
Denson v. Donald J. Trump for President, Inc. (Appellate Division of the Supreme Court of New York 2020)
Matter of Acuhealth Acupuncture, P.C. v. New York City Tr. Auth. (Appellate Division of the Supreme Court of New York 2018)
CITY OF OSWEGO, MTR. OF (Appellate Division of the Supreme Court of New York 2012)
In re the Arbitration Between City of Oswego & Oswego City Firefighters Ass'n, Local 2707 (Appellate Division of the Supreme Court of New York 2012)
Merrick Union Free School District v. Merrick Faculty Ass'n (Appellate Division of the Supreme Court of New York 2011)
Gongora v. New York City Department of Education (New York Supreme Court 2010)
In re the Arbitration between Kocsis & New York State Division of Parole (Appellate Division of the Supreme Court of New York 2007)
In re the Arbitration between New York State Law Enforcement officers Union, District Council 82 & State (Appellate Division of the Supreme Court of New York 2006)
Nassau Health Care Corp. v. Civil Service Employees Ass'n (Appellate Division of the Supreme Court of New York 2005)
Brown & Williamson Tobacco Corp. v. Chesley (New York Supreme Court 2002)
Countrywide Insurance v. Sawh (Appellate Division of the Supreme Court of New York 2000)
Spears v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 1999)
In re the Arbitration between Rampersaud & American Transit Insurance (Appellate Division of the Supreme Court of New York 1999)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The order directing the parties to arbitrate in this case noted that there was a dispute as to the amount of coverage provided by the uninsured motorist policy under which appellant sought payment. The court concluded that at arbitration the “policy speaks for itself.” During arbitration, however, respondent State Farm Insurance failed to controvert appellant’s statement that the coverage in question was $100,000, and the declarations page reflecting a lower coverage limit was apparently never introduced before the arbitrator. The arbitrator awarded $75,000 to appellant, who then brought this proceeding to confirm the award. Respondent objected at confirmation that the policy only covered losses up to $10,000.

A limitation on the arbitrator’s power “will not be waived if the party relying on it asserts it at Special Term in opposition to an application for confirmation” (Matter of Silverman [Benmor Coats], 61 NY2d 299, 309; see, CPLR 7511 [b] [1] [iii]). Here the arbitration clause of the policy incorporated by reference the rules of the American Arbitration Association, which in turn provided that the arbitrator “shall render a decision *823* * * not in excess of the applicable policy limits.” The declarations page produced at the confirmation proceeding demonstrates that the arbitrator’s award was beyond the policy limits and therefore in excess of the arbitrator’s powers (see, Matter of Silverman [Benmor Coats], supra).

Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.

Order affirmed, with costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.