Saba v. Homeland Ins. Co. of America

I dissent because, in my opinion, the remedy afforded to the plaintiff by the Probate Court and now finally approved by the majority opinion in this court is not legally available to him.

“At common law the authority of an arbitrator is, in its nature, revocable, and the general rule is that a naked executory agreement, not under authority of *245statute or rule of court, to submit to arbitration existing or prospective matters of difference is revocable by express act of either party or by implication of law at any time before the submission is consummated by a valid award.” (Italics supplied.) 3…