Travelers Indemnity Co. v. Walton

Florida District Courts of Appeal
Travelers Indemnity Co. v. Walton, 384 So. 2d 939 (1980)
1980 Fla. App. LEXIS 16918
Barkdull, Baskin, Hubbart

Travelers Indemnity Co. v. Walton

Opinion of the Court

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.

Reference

Full Case Name
The TRAVELERS INDEMNITY COMPANY v. Janice WALTON
Cited By
2 cases
Status
Published