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SELECTED RISKS INSURANCE COMPANY v. RICHARD L. THOMPSON (04/27/87)

filed: April 27, 1987.

SELECTED RISKS INSURANCE COMPANY, APPELLANT,
v.
RICHARD L. THOMPSON



Appeal from the Judgment entered February 27, 1986 in the Court of Common Pleas of Allegheny County, Civil Division, at No. G.D. 85-18237.

COUNSEL

Timothy J. Burdette, Pittsburgh, for appellant.

Timothy P. O'Brien, Pittsburgh, for appellee.

Del Sole, Kelly and Popovich, JJ. Kelly, J. concurs in the result.

Author: Del Sole

[ 363 Pa. Super. Page 36]

This is an appeal from the Judgment resulting from the entry of the trial court Order denying Appellant's petition to Modify, Correct, or Vacate an Award of Arbitrators, and granting Appellee's petition to Confirm the Arbitration Award.

By its brief, Appellant contends that the trial court erred in refusing to apply the "contrary to law" standard of review set forth in § 7302(d)(2) of the Uniform Arbitration Act (the Act), 42 Pa.C.S.A. § 7301, et seq. Section 7302(d)(2) provides that, under limited circumstances, an award may be modified or corrected where the award is contrary to law, and is such that, had it been a verdict of a jury, the court would have entered a different judgment, or judgment N.O.V. However, the trial court declined to utilize this standard and held that none of the "limited circumstances" calling for its application was present. See 42 Pa.C.S.A. 7302(d)(2).

The trial court instead opined that the appropriate scope of review was that which is found in § 7315(a) of the Act. Under this standard, an award may be modified only where:

(1) there was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award;

(2) the arbitrators awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or

[ 363 Pa. Super. Page 37]

(3) the award is deficient in a matter of form, not affecting the merits of the controversy.

After examining the arguments contained in Appellant's petition, the trial court concluded that they raised questions of law. Consequently, the trial court declined to address their merits, inasmuch as the scope of review, as set forth ...


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