Advance Release Opinions – December 21

The Connecticut Appellate Court advance released opinions about arbitration and underinsured motorist benefits, which I review below. The Court also advance released opinions about criminal law and habeas corpus matters, which I do not review.

Arbitration

Henry v. Imbruce – The Appellate Court affirmed trial court’s decision granting plaintiffs’ motion to confirm arbitration award and denying defendants’ motion to vacate the award. In doing so, the Appellate Court rejected defendants’ claims that arbitrator (i) had a nontrivial conflict of interest because she had arbitrated the divorce of an attorney who had previously represented some of the defendants in an unrelated matter; (ii) denied defendants fundamental fairness in (a) declining to order plaintiff to produce certain information and (b) permitting plaintiff to add new claims for which discovery was not permitted; and (iii) exceeded her authority in (a) rendering an award against one of the defendants individually even though he didn’t sign an arbitration agreement and (b) apportioning costs and awarding attorney’s fees. I note that the Appellate Court described defendants’ argument (iii)(a) as “close to frivolous” because the individual defendant repeatedly had identified himself as a party to the arbitration and thus assumed the obligation to arbitrate.

Stack v. Hartford Distributors, Inc. – Trial court granted employee’s application to proceed with arbitration under the parties’ employment agreement. Employer appealed, claiming that the arbitration clause did not apply because a corporate merger rendered the employment agreement void and a different agreement, corporate bylaws and our corporate governance statutes gave employer a basis for firing employee that was independent of the employment agreement. Appellate Court affirmed because employee claimed that employer breached employment agreement, the agreement required arbitration of claims of breach, and under our law if the employer says the whole employment agreement is void, not just the arbitration clause, the arbitrator decides validity.

Underinsured Motorist Benefits

Doyle v. Universal Underwriters Ins. Co. – Plaintiff went to high/low confidential arbitration with tortfeasor, with a high of tortfeasor’s $100,000 policy limit. Arbitrator found the damages were some $106,000. Torfeasor’s carrier paid its policy limit. Plaintiff commenced action against his own carrier for underinsured motorist benefits but apparently wanted to relitigate damages. Trial court granted carrier’s motion for summary judgment on collateral estoppel grounds but awarded plaintiff the $6,000 difference between the arbitrator’s damages and the torteasor’s policy limit. Plaintiff appealed. Appellate Court affirmed.