Walter v. National Indemnity Co.

California Court of Appeal Jan 20, 1970 No. Civ. 26306Published

Before: Agee

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Holding. The court held that an arbitration award is not a judgment until confirmed, and because a petition for confirmation is akin to a civil action, a deceased party cannot be a party to such a petition; therefore, a representative of the estate must be substituted. The court further held that in the absence of evidence to the contrary, an arbitrator is presumed to have signed an award while the claimant was alive.

Issues

Whether an arbitration award is valid if the claimant dies before the award is signed.
Whether a deceased person can be a party to a petition for confirmation of an arbitration award.
Whether a representative of an estate is a necessary party to confirm an arbitration award.

Disposition. reversed in part and affirmed in part

Quotations verified verbatim against the opinion

“Every intendment and presumption is in favor of the validity of an arbitration award and the burden is on the party claiming any invalidity to support such claim with evidence.”

Opinion

AGEE, J.

Defendant insurance company appeals from the judgment of the superior court, which confirmed an arbitration award in favor of Early Walter in the sum of $10,000 and in favor of Arthur Walter in the sum of $9,000, under and pursuant to the uninsured motorist coverage provided for in a policy issued by defendant to Arthur Walter. Appellant does not question the validity of the award to Arthur.

On May 23, 1965, Arthur Walter was involved in an automobile collision which was found by the arbitrator to have been caused by the concurrent negligence of an uninsured motorist and the hit-and-run driver of a third vehicle.

Sally Mae Hall was a passenger in the Walter car and was killed as a result of the collision. Her father, Early Walter, as the heir of her estate, made a claim under the aforesaid uninsured motorist coverage. The policy contained the following provision:

“8. Arbitration: If any person making claim hereunder and the company do not agree that such person is legally entitled to recover damages from the owner or operator of an uninsured automobile because of bodily injury to the insured, or do not agree as to the amount of payment which may be owing under this endorsement, then, upon written demand of either, the matter or matters upon which such person and the company do not agree shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Such person and the company each agree to consider itself bound and to be bound by any award made by the arbitrators pursuant to this endorsement.”

Demand for arbitration was made on May 10, 1966. The evidence was presented at three hearings held before the arbitrator during a period of almost two years, followed by oral argument and the submission of points and authorities by respective counsel. The award was thereafter made and signed by the arbitrator on February 1, 1968.

[633]

On February 13, 1968 the petition of Early Walter and Arthur Walter for confirmation of the award was filed in the superior court. On April 12, 1968 appellant filed its response and petition to vacate the award. (Code Civ. Proc., §§ 1285, 1285.2.)

Walter v. National Indemnity Co.

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AGEE, J.

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