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- Title
INSURANCE--UNINSURED MOTORIST--MAJORITY AWARD--MOTION TO VACATE--ARBITRATOR BIAS--ARBITRATOR MISCONDUCT--MICHIGAN.
- Abstract
The article discusses a case of arbitration related to insurance. Bradley demanded arbitration of her uninsured motorist claim. Arbitration was conducted before a tripartite panel, consisting of one arbitrator appointed by each of the parties and one neutral arbitrator. A hearing was held, and, when proofs were concluded, but the arbitrators could not reach a unanimous decision. The neutral then asked each of the party-appointees to review the materials again, so that further deliberations could be conducted by telephone. The neutral was successful in persuading the insurer's arbitrator to agree to an award, but had great difficulty in reaching the claimant's arbitrator by telephone. Through a series of telephone messages it was ultimately agreed that the neutral and the insurer's appointee would issue a majority award of $4,000, noting a dissent by the claimant's appointee. Such award was rendered, but was signed only by the two concurring arbitrators. The majority award rendered by the arbitral panel was valid; there was no misconduct in the manner in which the arbitrators reached their decision.
- Subjects
ARBITRATION &; award; INSURANCE claims; INSURANCE law; NONINSURABLE risks; ARBITRATORS; COMPENSATION (Law)
- Publication
Arbitration Journal, 1985, Vol 40, Issue 1, p71
- ISSN
0003-7893
- Publication type
Article