Wednesday, December 7, 2011

Third Circuit Addresses Standard of Review//Right to De Novo Trial from UIM Proceeding

In the case of Harleysville Ins. Co. v. Cerciello, No. 10-4197 (3d Cir. 2011 Sloviter, Fuentes, and Fisher, J.J.)(Opinion by Fisher), the Third Circuit Court of Appeals reviewed a dispute between the parties over the language in a commercial policy pertaining to the right to appeal from a UIM arbitration.

After an arbitration of the matter in which the Plaintiff was granted an award, the carrier attempted to reject the arbitration award and invoke the trial demand contained in the policy.  The carrier argued that the policy  provided both parties the right to demand a trial after an arbitration.

Applying Pennsylvania law, the Third Circuit reviewed the issues presented and concluded that the parties  were precluded from contracting for a de novo trial in contravention to the standard of review of arbitration awards afforded to parties of an arbitration proceeding under the law.  The court additionally held, in any event, that the carrier had failed to follow the proper procedures in a timely fashion to secure its right to a further trial on the matter.

Anyone desiring a copy of this decision in the case of Harleysville Ins. Co. v. Cerciello may contact me at dancummins@comcast.net.

No comments:

Post a Comment