Review of Court Decisions - Dispute Resolution Journal - Vol. 44, No. 1
Originally from Dispute Resolution Journal
INSURANCE-VALIDITY OF AWARD- VACATUR OF AWARD-VALIDITY OF ARBITRATION AGREEMENT-STATUTORY VERSUS COMMON LAW- TIMELINESS- CONNECTICUT
The appellate court, finding that the state arbitration statute controls where common law and statutory law are in conflict, upheld the vacatur of an arbitration award because there was no written agreement between the parties to submit their dispute to arbitration.
Ann j. Bennett was involved in an automobile accident with Elaine Meader. Both owned and operated their respective automobiles. Bennett and her husband filed an action seeking damages against Meader for personal injury, lost wages, and loss of consortium. Bennett's attorney made an attempt to settle the action with Meader's insurer, Travelers Insurance Company. When the settlement negotiations reached an impasse, a representative from Travelers suggested that the parties try arbitration. The parties orally agreed to arbitrate the liability and damage issues, and Bennett voluntarily withdrew the court action.