Matter of Emerald Claims Mgt. for Ullico Cas. Ins. Co. v. A. Cent. Ins. Co.
Petitioner, Emerald Claims Management for Ullico Casualty Insurance Company, as subrogee of Randolph Meyers, sought "loss transfer" reimbursement from A. Central Insurance Company, an adverse insurer, under Insurance Law § 5105. Petitioner had paid workers' compensation benefits to its insured after a motor vehicle accident and sought reimbursement for no-fault benefits. Respondent asserted a disclaimer of coverage due to noncooperation. The Supreme Court confirmed two arbitration awards in favor of the petitioner, and the Appellate Division unanimously affirmed this judgment. The arbitrators' decision was upheld as rational, construing Insurance Law § 5105 (a) to provide a direct right to reimbursement regardless of the respondent's disclaimer of coverage. The Appellate Division also found that the respondent waived any jurisdictional arguments by fully participating in the arbitration.