McDonald v. Allstate Insurance Co.

FUTCH, M. DANIEL, Jr., Associate Judge.

McDonald, the plaintiff below, appeals from the trial court’s judgment denying his *581application to confirm an arbitration award which included arbitration costs. We agree with the trial court’s finding for Allstate, the defendant, that the affirmative defense of accord and satisfaction precludes such confirmation.

The arbitration dealt with an accident between a motorcycle and a truck on September 27, 1976. The motorcycle was driven by the plaintiff’s son, Stephen James McDonald, who died as a result of the accident. The truck was driven by Jeffrey Allen…