holding that notice of claim requirements which apply to "any case founded upon tort" did not apply to insurance claim against citySummary of this case from Treanor v. Metropolitan Transp. Authority
Argued December 14, 1983
Decided January 10, 1984
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, GEORGE G. INGLEHART, J.
David M. Garber, Corporation Counsel ( James L. Gelormini of counsel), for appellant.
Thomas D. Keleher for respondent.
The orders of the Appellate Division should be affirmed, with costs.
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 N.Y.CRR 65.10 [b] ). 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).
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur; Judge SIMONS taking no part.
In each case: Order affirmed, with costs, in a memorandum.