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ARTICLE · 11 APRIL 2013

No Magic Words Needed To Reject Arbitrator Award And Ask For Trial

Fox Rothschild LLP
Fox Rothschild LLP
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The ruling in the recent case, Vega v. 21st Century Ins. Co., A-2904-11 cited that no specific phrasing is required for a litigant to reject an arbitration award and demand a trial in an uninsured-motorist case.

United StatesLitigation, Mediation & Arbitration
Dennis Brotman
Dennis Brotman
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The ruling in the recent case, Vega  v. 21st Century Ins. Co., A-2904-11, cited that no specific phrasing is required for a litigant to reject an arbitration award and demand a trial in an uninsured-motorist case.   

The judge in the case referenced LoBianco v. Harleysville Ins. Co., 368 N.J. Super. 515 (Law Div. 2003), a published trial court decision that they said exulted form over substance by requiring a party to "demand a trail" in those very word.

The judged cited LoBianco, a nearly identical case in which the insured moved to confirm an arbitration award for $29,500 in UM benefits, contending that the carrier, Harleysville Ins. Co., did not strictly comply with the policy's notice requirements.

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