BORST v. ALLSTATE INS. CO.

No. 2004AP2004.

291 Wis.2d 361 (2006)

2006 WI 70

717 N.W.2d 42

Russell S. BORST and Tina Borst, Plaintiffs-Appellants, v. ALLSTATE INSURANCE COMPANY, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided June 13, 2006.


Attorney(s) appearing for the Case

For the plaintiffs-appellants, there were briefs (in the Court of Appeals and Supreme Court) by John V. O'Connor and O'Connor, Dumez, Alia & McTernan, S.C., Kenosha, and oral argument by John V. O'Connor.

For the defendant-respondent, there was a brief by John F. Fuchs, Catherine A. Goodman, and Fuchs, DeStefanis & Boyle, S.C., Milwaukee, and oral argument by John F. Fuchs and Catherine A. Goodman.

An amicus curiae brief was filed by Mark A. Frankel and LaFollette Godfrey & Kahn, Madison; Kevin J Lyons and Davis & Kuelthau SC, Milwaukee, on behalf of the Alternative Dispute Resolution Section of the State Bar of Wisconsin.


¶ 1. JON P. WILCOX, J.

This case comes to us on certification from the court of appeals. The appellants, Russell S. Borst and Tina Borst, appealed an order of the Circuit Court for Kenosha County, Michael S. Fisher, Judge, denying their motion to vacate an arbitration award.

¶ 2. The court of appeals certified the following questions: (1) Is there a presumption of impartiality among all arbitrators which...

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