INDUSTRIAL FIRE AND CASUALTY INSURANCE COMPANY, APPELLANT,
v.
GERARD COQUEMARD, APPELLEE
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An insurance company appealed a trial court's confirmation of an arbitration award in an uninsured motorist claim, arguing the arbitrators erred in finding a hit-and-run driver existed. The court affirmed, holding that liability was properly submitted to arbitration and the insurer cannot relitigate the merits by attempting to vacate the award.
The court affirmed the confirmation of the arbitration award. Liability was properly submitted to arbitration under the policy terms, and the insurer failed to allege any valid statutory grounds for vacating the award. The insurer cannot relitigate the merits of the dispute through a vacatur application.
[1] The issue of liability in an uninsured motorist claim is a proper subject for determination in arbitration.
[2] A party may not relitigate the merits of an arbitration award after it has been confirmed, absent specific grounds for vacatur.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“First, the issue of liability submitted at the request of Industrial was a matter properly subject to determination in arbitration.”
Establishes that the insurer's own submission of the liability issue to arbitration means the arbitrators had proper authority to decide it.
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Join FLexlaw to unlock all legal intelligenceGerard Coquemard's car was struck from behind by another vehicle while he was driving his mother-in-law to the airport. Coquemard obtained the driver'…
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PER CURIAM.
Appellant insurer seeks review of a final judgment granting plaintiff’s petition to confirm an arbitration award.
While driving his mother-in-law to the airport, plaintiff, Gerard Coquemard’s car was struck from behind by another vehicle. Gerard wrote down the driver’s name, license tag number and asked him to remain at the scene of the accident until he returned from the airport. During the trip he lost the paper and upon returning to the accident scene, discovered the driver had left. He reported the accident to the police and filed a claim under the uninsured motorist provision of his liability policy issued by the appellant, Industrial Fire and Casualty Insurance Company. They were unable to agree to a settlement and pursuant to the terms of Gerard’s policy, the issues of liability and damages were submitted to arbitration. The arbitrators awarded Gerard $1,500. Industrial refused to pay and Gerard filed a petition to confirm the arbitration award. Industrial filed an application to vacate the award on the ground that there was no hit and run driver involved because it was Gerard’s mistake in losing the paper identifying the tort fea-sor and Industrial should not be made to suffer for Gerard’s mistake. After a hearing on the petition and application, the trial judge entered final judgment confirming the award. We affirm.
First, the issue of liability submitted at the request of Industrial was a matter properly subject to determination in arbitration. See Ebens v. State Farm Mutual Automobile Insurance Company, Fla.App.1973, 278 So. 2d 674. Second, Industrial has failed to allege any of the grounds upon which an arbitration award may be vacated and is simply attempting to again litigate the merits of the controversy which it may not do. See § 682.13, Fla.Stat, F.S.A. and Bankers & Shippers Insurance Company v. Gonzales, Fla.App.1970, 234 So. 2d 693 and cases cited therein.
Affirmed.
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Harris v. Haught, 435 So. 2d 926 (Fla. 1st DCA 1983)…0 claimed in the accounting of the H-M-H partnership. Where an issue is voluntarily submitted to arbitration, the award cannot be vacated based upon reargument of the issue decided by the arbitrator. Industrial Fire & Casualty Ins. Co. v. Coquemard, 332 So. 2d 636 (Fla. 3d DCA 1976); City of Miami v. Fraternal Order of Police, 368 So. 2d 56 (Fla. 3d DCA 1979). Even though appellant now argues that the arbitrator lacked jurisdiction to construe the release provision, his voluntary submission of such issue to t…
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Protective Ins. Co. v. Palma, 507 So. 2d 649 (Fla. 3d DCA 1987)…river1 contributed to the accident of which a UM insured complains is a question for the arbitrators, not the court. Ebens v. State Farm Mutual Automobile Ins. Co., 278 So. 2d 674 (Fla. 3d DCA 1973); Industrial Fire & Casualty Ins. Co. v. Coquemard, 332 So. 2d 636 (Fla. 3d DCA 1976); Florida Ins. Guaranty Ass’n, Inc. v. Eberhart, 354 . So. 2d 1265 (Fla. 3d DCA 1978); see also Stack v. State Farm Mutual Automobile Ins. Co., 507 So. 2d 617 (Fla. 3d DCA 1987). The cases upon which the appellant relies are dist…
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Fla. Ins. Guar. Ass'n, Inc. v. Eberhart, 354 So. 2d 1265 (Fla. 3d DCA 1978)…a hit and run vehicle was involved is a matter properly subject to determination in arbitration. Ebens v. State Farm Mutual Automobile Insurance Company, 278 So. 2d 674 (Fla. 3d DCA 1973); Industrial Fire and Casualty Insurance Company v. Coquemard, 332 So. 2d 636 (Fla. 3d DCA 1976). Therefore, the order granting plaintiff’s motion for summary judgment and ordering the parties to proceed to arbitration is affirmed. Affirmed.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dubbin v. Equitable Life Assurance Soc'y OF the United States, 234 So. 2d 693 (Fla. 4th DCA 1970)
- Ebens v. State Farm Mut. Auto. Ins. Co., 278 So. 2d 674 (Fla. 3d DCA 1973)