SMITH v. MOTORLAND INS. CO.

Docket No. 68607.

135 Mich. App. 33 (1984)

352 N.W.2d 335

SMITH v. MOTORLAND INSURANCE COMPANY

Michigan Court of Appeals.

Decided June 4, 1984.


Attorney(s) appearing for the Case

Posner, Posner & Posner (by Samuel Posner and Gerald F. Posner), for plaintiff.

Dickinson, Mourad, Brandt, Hanlon & Becker (by Susan P. Ward), and Gromek, Bendure & Thomas (by James G. Gross), of counsel, for defendant.

Before: M.J. KELLY, P.J., and BEASLEY and J.N. O'BRIEN, JJ.


M.J. KELLY, P.J.

Defendant appeals as of right from the trial court's vacation of an arbitration award of the American Arbitration Association (AAA) in which plaintiff's claim against defendant for no-fault benefits was denied. The trial court concluded that the arbitrators had exceeded their powers as defined in the arbitration contract and granted plaintiff's motion to vacate under GCR 1963, 769.9(1). We reverse.

Plaintiff, while insured under a policy with...

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