[Download] "Lincoln Towers Ins. Agency v. Farrell" by Illinois Appellate Court — First District (1St Division) Order Affirmed # Book PDF Kindle ePub Free

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eBook details

• Title: Lincoln Towers Ins. Agency v. Farrell
• Author : Illinois Appellate Court — First District (1St Division) Order Affirmed
• Release Date : January 10, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

State Farm Mutual Automobile Insurance Co. (State Farm) appeals from a February 24, 1982, order of the Du Page County circuit court which denied its petition to vacate an arbitration award in favor of Donald Stuckey, Judith Stuckey and Todd Stuckey (Stuckeys), and granted their petition to confirm the arbitration award. The only issue State Farm raised on appeal in its appellate brief was whether the arbitrators exceeded their powers under section 12 of the Uniform Arbitration Act (Ill. Rev. Stat. 1981, ch. 10, par. 112) when they refused to apply the Dead Mans Act (Ill. Rev. Stat. 1981, ch. 51, par. 2) to bar the testimony of Donald Stuckey in the arbitration proceedings. Stuckeys asserted in their appellate brief that the arbitrators decision as to the applicability of the Dead Mans Act to the arbitration proceedings is not a proper matter for judicial review. State Farm in its reply brief then raised the question whether Stuckeys have waived their right to challenge the circuit courts review of the arbitrators decision on the applicability of the Dead Mans Act by failing to cross-appeal from the trial courts determination that it had the authority to review the arbitrators decision.

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