FIDELITY & CASUALTY COMPANY OF NEW YORK, APPELLANT,
v.
ANGEL DE JESUS AND ZAIDA RIVERIA DE JESUS, APPELLEES
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Fidelity & Casualty Company of New York's appeal of an arbitration award confirmation was affirmed; the trial court had jurisdiction to confirm the award without a ninety-day filing deadline, and arbitration costs were properly taxed against the insurer.
A trial court has jurisdiction to confirm an arbitration award without a requirement that the petition be filed within ninety days after receipt of the award, and arbitration costs may be properly assessed against the losing party.
[1] A petition to confirm an arbitration award is not subject to the ninety-day filing deadline that applies to motions to vacate, modify, or correct arbitration awards under…
[2] Arbitration costs may be assessed against the losing party in an insurance arbitration dispute.
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Join FLexlaw to unlock all legal intelligenceFidelity & Casualty Company of New York appealed a final judgment confirming an arbitration award of $4,000 rendered against it, challenging both the …
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FERGUSON, Judge.
In this appeal from a final judgment confirming an arbitration award of $4,000 rendered against it, Fidelity & Casualty Company of New York claims the trial court lacked jurisdiction to confirm the arbitration award and erred in taxing arbitration costs of $395.00 against Fidelity. We affirm. Because there is no requirement that a petition to confirm an arbitration award be filed within ninety days after receipt of the award, the trial court had jurisdiction. Travelers Insurance Co. v. Allen, 356 So. 2d 1287 (Fla.3d DCA 1978), cert. denied, 364 So. 2d 893 (Fla.1978). See, e. g., §§ 682.13, 682.14, Fla.Stat. (1979) (motion to vacate, modify or correct arbitration award must be filed within ninety days) (emphasis added).
We affirm also the award of arbitration costs on the authority of State Farm Mutual Automobile Insurance Co. v. Rutkin, 199 So. 2d 705 (Fla.1967). See Government Employees Insurance Co. v. Lang, 387 So. 2d 976 (Fla.2d DCA 1980); Eagle Star Insurance Co. v. Parker, 365 So. 2d 780 (Fla.4th DCA 1978); McNair Continental Insurance Co., 245 So. 2d 634 (Fla.lst DCA 1971). To the extent that our holding is inconsistent with American Service Mutual Insurance Co. v. Wilson, 323 So. 2d 645 (Fla.3d DCA 1975), we recede from our holding in Wilson, supra.
Affirmed.
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Citator
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Am. Indem. Co. v. Comeau, 419 So. 2d 670 (Fla. 5th DCA 1982)…w Hampshire Ins. Group, 413 So. 2d 1216 (Fla. 4th DCA 1982). . State Farm Mut. Auto. Ins. Co. v. Rutkin, 199 So. 2d 705 (Fla.1967); Lumbermen’s Mut. Cas. Co. v. Meade, 404 So. 2d 1141 (Fla. 5th DCA 1981); Fidelity & Cas. Co. of New York v. DeJesus, 402 So. 2d 15 (Fla. 3d DCA 1981); Eagle Star Ins. Co. v. Parker, 365 So. 2d 780 (Fla. 4th DCA 1978); McNair v. Continental Ins. Co., 245 So. 2d 634 (Fla. 1st DCA 1971); Carter v. State Farm Mut. Auto. Ins. Co., 224 So. 2d 802 (Fla. 1st DCA 1969). . Rutkin v. Sta…
Authorities Cited
- State Farm Mut. Auto. Ins. Co. v. Rutkin, 199 So. 2d 705 (Fla. 1967)
- Eagle Star Ins. Co. v. Nannette Parker and Melvin Parker, 365 So. 2d 780 (Fla. 4th DCA 1978)
- Werner v. Safeco Ins. Co. of Am., 323 So. 2d 645 (Fla. 4th DCA 1975)
- The Travelers Ins. Co. & the Travelers Indem. Co. v. Allen, 356 So. 2d 1287 (Fla. 3d DCA 1978)
- Gov't Emps. Ins. Co. v. Lang, 387 So. 2d 976 (Fla. 2d DCA 1980)
- McNAIR v. The Cont'l Ins. Co., 245 So. 2d 634 (Fla. 1st DCA 1971)