Allstate Ins. Co. v. Blackwell

Full title: Allstate Insurance Company, Appellant, v. Blackwell

Court: Superior Court of Pennsylvania

Date published: Mar 27, 1973

301 A.2d 890 (Pa. Super. Ct. 1973)

301 A.2d 890

Opinion

December 5, 1972.

March 27, 1973.

Arbitration — Arbitrators judges of law and facts — Award reviewable only for fraud, misconduct, corruption or other such irregularity.

1. In common law arbitration, the arbitrators are the final judges of both the facts and the law, and their decision will not be disturbed for a mistake of either.

2. Common law arbitration may be reviewed only for fraud, misconduct, corruption or other such irregularity which caused the arbitrator to render an unjust, inequitable and unconscionable award.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ.

Appeal, No. 1389, Oct. T., 1972, from order of Court of Common Pleas, Trial Division, of Philadelphia, April T., 1972, No. 3823, in case of Allstate Insurance Company v. Thomas Blackwell and American Arbitration Association. Order affirmed.

Proceedings upon petition to confirm award of arbitrators.

Order entered confirming award, opinion by HIRSH, J. Plaintiff appealed.

A. Arthur Hanamirian, with him McEldrew, Hanamirian, Quinn, Bradley D'Amico, for appellant.

Bernard M. Gross, with him Gross Sklar, for appellee.

Argued: December 5, 1972.

OPINION BY HOFFMAN, J., March 27, 1973:

The issue presented on appeal is whether the court below erred in entering an order pursuant to an award of arbitrators in a case involving uninsured motorist coverage.

Our courts have held that in common law arbitration, the arbitrators are the final judges of both the facts and the law and that their decision will not be disturbed for a mistake of either. Harker v. Pennsylvania Manufacturers' Association Insurance Co., 219 Pa. Super. 485, 281 A.2d 741 (1971). In Harker, we re-emphasized the well-settled law in Pennsylvania that "common law arbitration may be reviewed only for fraud, misconduct, corruption or other such irregularity which caused the arbitrator to render an unjust, inequitable and unconscionable award." at p. 487. See also, Great American Insurance Co. v. American Arbitration Association, 436 Pa. 370, 372, 260 A.2d 769 (1970). As no "fraud, misconduct, corruption or other such irregularity" is alleged nor appears of record, we should not endeavor to substantiate the propriety of the arbitrators' conclusions of fact and law in the instant case.

Order affirmed.