Nationwide Mutual Insurance Co. v. Kogut

Plaintiff Nationwide Mutual Insurance Company appeals a trial court order that barred it from rejecting an arbitration award on the sole ground that it failed to produce its insured at arbitration. We believe the order barring plaintiff from rejecting the award was an abuse of discretion. We reverse and remand for further proceedings.

Plaintiff filed a subrogation action against defendant Dorota Kogut for damages arising out of a car accident involving defendant and plaintiffs insured, Irene Mika. The case was assigned to mandatory arbitration. The hearing was not transcribed, but the record…