Pein v. State Farm Mutual Automobile Insurance

VAN der VOORT, Judge:

Appeal is taken to our Court from the July 9, 1975, Order of Judge DiBona, which is as follows:. . . [I]t is herewith Ordered that:

1. the award of the arbitrator is against the law, and is such that had it been a verdict of the jury the court would have entered different or other judgment notwithstanding the verdict ;

2. the award of the arbitrator is set aside and the matter remanded to him to make an award in favor of the plaintiffs and to fix the amount of damages.

The arbitrator in this case had been appointed pursuant to a contract of insurance between…