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COLONIAL PENN INS. CO. v. OMAHA INDEM. CO.

No. 90-1872.

943 F.2d 327 (1991)

COLONIAL PENN INSURANCE COMPANY v. The OMAHA INDEMNITY COMPANY, Mutual of Omaha Insurance Company, and Royal American Managers, Inc., The Omaha Indemnity Company, Appellant, v. NATIONAL RISK UNDERWRITERS, INC.

United States Court of Appeals, Third Circuit.

Decided September 5, 1991.

Attorney(s) appearing for the Case

John W. Bonds, Jr. (argued), Francis M. Gregory, Jr., Frank J. Martin, Jr., Sutherland, Asbill & Brennan, Washington, D.C., William T. Hangley, Hangley Connolly Epstein Chicco Foxman & Ewing, Philadelphia, Pa., for appellant, The Omaha Indem. Co.

Patrick J. O'Connor (argued), Susan M. Danielski, Cozen and O'Connor, Philadelphia, Pa., for appellee.

Before SLOVITER, Chief Judge, and GREENBERG and WISDOM, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Chief Judge.

After an arbitration panel issued a final award in favor of one of the parties, a majority of the panel issued a new award "clarifying" the original award and increasing the amount awarded. The district court granted the successful party's motion to confirm the second award, and denied the other party's motion to confirm the first award. This appeal presents the question whether the arbitrators exceeded their powers...

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