Bole v. Nationwide Insurance

Dissenting Opinion by

Price, J.:

In dissenting it seems to me important to note the importance of this decision as it may govern future common law arbitration and the traditional and typical tripartite arbitration clause most often encountered therein. As I read the majority opinion it is held, as a matter of law, that an attorney for one of the parties to an arbitration is disqualified from acting as an arbitrator; that bias and prejudice must be presumed and implied; and that any showing of actual bias or prejudice is immaterial and unnecessary. The majority basically relies, I presume, on…