DocketNumber: No. CV92 070 31 19
Citation Numbers: 1992 Conn. Super. Ct. 9614
Judges: SCHALLER, JUDGE
Filed Date: 10/23/1992
Status: Non-Precedential
Modified Date: 7/5/2016
CT Page 9615 This proceeding concerns plaintiff's application to confirm arbitration award in part and to vacate award in part. The parties to this action stipulated to the following facts: The defendant, Ann Marie Giola-Gura, was involved in an automobile accident on July 29, 1988. Anita Larson was entirely liable for the accident. The defendant and others have exhausted the limits of Larson's liability policy. Underinsured motorist coverage in the amount of $870,000 is available to the defendant from the plaintiff, Prudential Insurance Company. The plaintiff is entitled to credits and offsets for collateral source payments and credit for no-fault benefits paid in the amount of $16,396.26.
A panel of three arbitrators issued an arbitration award on March 27, 1992. The arbitrators found that the defendant sustained damages in the amount of $235,000 and that the plaintiff was entitled to credits and offsets of $16,396.26. Accordingly, the arbitrators ordered the plaintiff to pay the defendant $218,603.74.
On April 27, 1992 the plaintiff filed a timely application to confirm arbitration award in part and to vacate award in part pursuant to General Statutes
The defendant filed an objection to the application to vacate arbitration award, and a supporting memorandum of law. The plaintiff filed a memorandum of law in support of its application to confirm award in part and vacate award in part.
The court agrees with the plaintiff as to the portions CT Page 9616 of the award which should properly be confirmed, because General Statutes
The plaintiff further claims that the court should vacate the portion of the award which orders the plaintiff to pay the defendant $218,603.74, because the arbitrators did not take into account a $12,000 credit to which the plaintiff is entitled for payments made to the defendant by the tortfeasor.
The defendant asserts that the court may only examine the submission and award to determine whether the award conforms to the submission. The defendant argues that the award conforms to the submission, because the parties' stipulation that $870,000 in underinsured motorist coverage is available to the defendant was arrived at by deducting an $80,000 tortfeasor's offset from $950,000 in available underinsured motorist coverage. Hence, defendant argues, the arbitrators' award is in keeping with the submission, because the arbitrators did not deduct the $12,000 offset, which was already offset from the stipulated amount of available coverage.
"Each automobile liability insurance policy . . . which contains a provision for binding arbitration shall include a provision for final determination of insurance coverage in such arbitration proceeding." General Statutes
"Each automobile liability insurance policy shall provide insurance, herein called uninsured motorist coverage, in accordance with the regulations adopted pursuant to section
In determining whether or not the arbitrators have exceeded their powers to the extent that the award must be vacated, the court must examine the submission and award in order to determine whether the award conforms to the submission. City of Waterbury v. Waterbury Police Union Local 1237, Conn. (1979). In this case, the attorneys for the parties signed, on March 10, 1992, a stipulation specifying the exact setoffs which were to be deducted from the final arbitration award. The total, which did not include mention of a tortfeasor setoff, was $16,396.26.
At the conclusion of the testimony presented at the March 4, 1992 arbitration hearing, the arbitrators inquired of the attorneys whether or not there was a setoff for the tortfeasor payment. The net effect of the colloquy which followed was that there was $870,000 coverage available, that the tortfeasor payment had come "off the top", and that it was not an issue. Consistent with this discussion, the arbitrators subsequently refused to correct the award based on a similar argument. The parties are bound by the decision to which they submitted even if it may be regarded as unwise or wrong on the merits. American Universal Ins. Co. v. DelGreco,
For the foregoing reasons, the plaintiff's application is granted insofar as it seeks to confirm the award in question and denied insofar as it seeks to vacate the arbitration award. The March 27, 1992 arbitration award being correct in accordance with the submission of the parties, is, accordingly, confirmed.
Schaller, J.