THE TRAVELERS INDEMNITY COMPANY, APPELLANT,
v.
JANICE WALTON, APPELLEE
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The court affirmed the arbitration award and the trial court's decision regarding attorney's fees, finding any error to be harmless.
An arbitration award was entered concerning uninsured motorist provisions of an insurance policy. The third arbitrator did not have an opportunity to …
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BASKIN, Judge.
This appeal challenges an arbitration award involving uninsured motorist provisions of appellant’s insurance policy entered upon the concurrence of two arbitrators. Although he did participate in discussions1 other than those on the issue of costs, the third arbitrator did not have an opportunity to express his vote, nor did he join in the final award. We find any error which may have occurred to be harmless and affirm. Weeki Wachee Orchid Gardens, Inc. v. Florida Inland Theaters, Inc., 239 So. 2d 602 (Fla.2d DCA 1970); §§ 682.05 and 682.06(3), Fla.Stat. (1975).
We also affirm the decision of the trial court awarding attorney’s fees to the insured. Travelers Insurance Co. v. Horton, 366 So. 2d 1204 (Fla.3d DCA 1979); Bankers & Shippers Insurance Co. v. Gonzalez, 234 So. 2d 693 (Fla.3d DCA 1970); and § 627.428, Fla.Stat. (1975).
The decision of the trial court denying petition to vacate award of arbitration is affirmed.
. After the hearing, all discussions were conducted by individual telephone calls.
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Metro. Dade Cnty. v. Molloy, 456 So. 2d 1280 (Fla. 3d DCA 1984)…ion 682.13(l)(d), Florida Statutes (1981), which would justify the vacation of the panel decision determining no entitlement to back pay. Lumbermens Mutual Casualty Co. v. Martin, 399 So. 2d 536 (Fla. 3d DCA 1981); Travelers Indemnity Co. v. Walton, 384 So. 2d 939 (Fla. 3d DCA 1980); Jess Parrish Memorial Hospital v. Florida Public Employees Relations Commission, 364 So. 2d 777 (Fla. 1st DCA 1978). The trial court correctly determined that the panel exceeded its jurisdiction by ordering in its award a change…
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Authorities Cited
- Dubbin v. Equitable Life Assurance Soc'y OF the United States, 234 So. 2d 693 (Fla. 4th DCA 1970)
- Chesapeake House, Inc. v. LEE Mut. Ins. Agency, Inc., 239 So. 2d 602 (Fla. 2d DCA 1970)
- Travelers Ins. Co. v. Horton, 366 So. 2d 1204 (Fla. 3d DCA 1979)