Foust v. Aetna Casualty & Insurance Co.

Opinion by

Judge REED.

Aetna Insurance Company appeals the district court order adding interest and costs to the arbitration award in favor of William Foust. We reverse.

Foust claimed benefits under the uninsured motorist provisions of his insurance policy with Aetna. The claim, together with Foust’s contention that under the policy he was entitled to prejudgment interest upon the award and costs, was submitted to arbitration. An award was made in favor of Foust, but his request for interest and costs was denied.

The arbitrator determined that the right to interest and costs was a substantive…