New York law requires that applications to vacate or modify an arbitration award “be made by a party within ninety days after its delivery to him [or her].” However, New York Civil Practice Law and Rules (CPLR) 7511(a) does not define “delivery” in this context. Petitioner, Lowe, argued that delivery must be construed as the actual receipt of the award. Respondent, Erie, argued that delivery must be interpreted as the mailing of the award. In support of its argument, Erie cited Insurance Department Regulation Section 65-4.10(e)(3), which states that the delivery of the master arbitration award is the date the award is mailed to the parties. However, the court found that New York case law supported Lowe’s argument. Cases cited by the court used the terms “receipt” and “received” in discussing the 90-day period set forth in CPLR 7511(a). Lowe v. Erie Ins. Co., 1145 CA 08-00405 ( N.Y. App. Div. Oct. 10, 2008).