P R Post Corp. v. Maryland Casualty Co.
Michigan Supreme Court
1Opinion of the CourtRyan, J.
This case requires us to determine whether an arbitrator’s award in a dispute between the parties to a construction contract is admissible evidence in a subsequent suit by the owner against the contractor’s surety, when the surety had no notice of, nor opportunity to participate in, the arbitration proceedings.
The Court of Appeals held that the arbitrator’s award was admissible as prima facie evidence. 68 Mich App 182, 187; 242 NW2d 62 (1976). We agree.
The Court of Appeals also held that the owner’s motion for summary judgment on the issue of the surety’s liability should have been granted.…
2Cases cited11 opinions
- People ex rel. Norris v. MersereauMichigan Supreme Court · 1889
- In Re MacDonald EstateMichigan Supreme Court · 1954
- Saginaw Medicine Co. v. BateyMichigan Supreme Court · 1914
- Douglas Shoe Co. v. Pere Marquette Railway Co.Michigan Supreme Court · 1928
- People ex rel. Clinton v. LaninsMichigan Supreme Court · 1889
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3Cited by20 opinions
- Fidelity & Deposit Co. v. Parsons & Whittemore Contractors Corp.New York Court of Appeals · 1979
- Auto-Owners Ins. Co. v. Campbell-Durocher Grp. Painting & Gen. Contracting, LLCMichigan Court of Appeals · 2017
- Semaan v. Allied Supermarkets, Inc. (In re Allied Supermarkets, Inc.)Court of Appeals for the Sixth Circuit · 1991
- Ford Motor Co. v. Transport Indemnity Co.Court of Appeals for the Sixth Circuit · 1986
- Detroit Automobile Inter-Insurance Exchange v. ReckMichigan Court of Appeals · 1979
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