66 A.D.2d 852 | N.Y. App. Div. | 1978
In a proceeding to confirm an arbitration award, the appeal is from a judgment of the Supreme Court, Nassau County, dated March 31, 1978, which granted the application. Judgment affirmed, with $50 costs and disbursements. On May 18, 1976, petitioner, who was 81 years old at the time, was struck by an automobile. The appellant State Farm Mutual Automobile Insurance Company (State Farm), pursuant to the Comprehensive Automobile Insurance Reparations Act (no-fault law), provided nursing services for petitioner until March 2, 1977, when it indicated that it was going to deny further benefits. Thereafter, petitioner, who did not have funds to retain his own private nurse, was cared for by his daughter-in-law, who rearranged her work schedule so that she could help her father-in-law. Upon receipt of State Farm’s denial of claim, petitioner demanded arbitration pursuant to the no-fault law. An arbitration hearing was held and State Farm presented a physician’s report which, inter alia, indicated that petitioner’s current condition was due to the normal aging process. The arbitrator, in making an award to petitioner, found that he had a continued need for nursing services as a result of the accident. Special Term confirmed the award. State Farm contends that the award cannot stand because under section 671 (subd 1, par [a]) of the Insurance Law a claimant can only recover for expenses actually incurred. Petitioner, however, did not incur any expenses since he did not spend any money for the services of his daughter-in-law. State Farm contends further that there can be no recovery for the services of the daughter-in-law since she is not a nurse or a professional health provider within the meaning of section 671 (subd 1, par [a], els [i], [iv]) of the Insurance Law. It is true that the statute speaks in terms of expenses incurred. The no-fault law provides