[Download] "Matter City Syracuse v. Utica Mutual Insurance Company" by Court of Appeals of New York ~ eBook PDF Kindle ePub Free

eBook details

Title: Matter City Syracuse v. Utica Mutual Insurance Company
Author : Court of Appeals of New York
Release Date : January 10, 1984
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 65 KB

Description

The Legislature in enacting section 674 of the Insurance Law adopted a new procedure which authorizes first-party benefits with a resulting equitable adjustment between insurers without the need for the formalities applicable to claims and lawsuits. In our view the comprehensive nature of the no-fault legislation and the absence therefrom of any requirement for compliance with section 50-e or 50-i of the General Municipal Law indicates a legislative intent that the provisions of the latter statutes should have no application to the statutory arbitration proceedings between insurers or self-insurers. In addition, we note that this interpretation is consistent with the opinion expressed by the Committee on Insurance Arbitration which is responsible for administering these arbitration proceedings (11 NYCRR 65.10 [b] [1]). That opinion is entitled to great weight insofar as it represents the interpretation of the statute by an agency charged with implementing and enforcing it (Matter of Cortlandt Nursing Care Center v Whalen, 46 N.Y.2d 979; see, also, Uniformed Firefighters Assn. v Beekman, 52 N.Y.2d 463, 472).