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ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, pet-app, v. NORTHEAST ANESTHESIA AND PAIN MANAGEMENT A/A/O THAKUR BALDEO, res-res

16-198. ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, pet-app, v. NORTHEAST ANESTHESIA AND PAIN MANAGEMENT A/A/O THAKUR BALDEO, res-res — Order and judgment (one paper) (Jennifer G. Schecter, J.), entered on or about January 15, 2015, reversed, without costs, and matter remanded to Civil Court for a framed issue hearing regarding whether the $50,000 limit of the subject insurance policy was exhausted before petitioner-insurer was obligated to pay respondent's claim.

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16-198. ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, pet-app, v. NORTHEAST ANESTHESIA AND PAIN MANAGEMENT A/A/O THAKUR BALDEO, res-res — Order and judgment (one paper) (Jennifer G. Schecter, J.), entered on or about January 15, 2015, reversed, without costs, and matter remanded to Civil Court for a framed issue hearing regarding whether the $50,000 limit of the subject insurance policy was exhausted before petitioner-insurer was obligated to pay respondent’s claim.

An arbitrator’s award directing payment in excess of the monetary limit of a no-fault insurance policy exceeds the arbitrator’s power and constitutes grounds for vacatur of the award (see Matter of Brijmohan v. State Farm Ins. Co., 92 NY2d 821, 822-823 [1998]; Countrywide Ins. Co. v. Sawh, 272 AD2d 245 [2000]; 11 NYCRR 65-1.1). Moreover, such error “will not be waived if the party relying on it asserts it…in opposition to an application for confirmation” [citation omitted] (Matter of Brijmohan v. State Farm Ins. Co., 92 NY2d at 822).

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