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AMCO INS. CO. v. ASHWOOD-AMES

No. C7-95-436.

534 N.W.2d 740 (1995)

AMCO INSURANCE COMPANY, Appellant, v. Daisie ASHWOOD-AMES, Insurance Company of North America, Respondents.

Court of Appeals of Minnesota.

Review Denied September 28, 1995.

Attorney(s) appearing for the Case

George C. Hottinger, Thomas H. Schaefer, Erstad & Riemer, P.A., Minneapolis, for appellant.

Sharon L. Van Dyck, Mark L. Pfister, Schwebel, Goetz, Sieben & Moskal, Minneapolis, for respondent Ashwood-Ames.

Andrea M. Nelson, Lawrence Hayes & Associates, Eagan, for respondent Ins. Co. of North America.

Considered and decided by NORTON, P.J., and HUSPENI and SCHULTZ, JJ.

OPINION

HAROLD W. SCHULTZ, Judge.

Appellant AMCO Insurance Company appeals the trial court's confirmation of a nofault arbitrator's decision to allow benefits to respondent Daisie Ashwood-Ames. Because the trial court improperly deferred to the arbitrator's decision that an accident had occurred, we reverse and remand.

FACTS

Appellant AMCO Insurance Company (AMCO) denies automobile insurance coverage for an incident involving respondent...

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