STORY FROM: Reinsurance & Arbitration
Calif. Court Affirms Vacatur For Arbitrator's Failure To Disclose
April 8, 2008
LOS ANGELES - A $267,000 award should be vacated because the arbitrator's failure to disclose his attorney/client relationship with the plaintiff's insurer raised doubts as to his impartiality, a California appellate court affirmed on March 3. Advantage Medical Services LLC, et al. v. Deborah Hoffman, et al., No. G037634 (Calif. App., 4th Dist.).
The California Court of Appeal, Fourth District, further ruled that under California law, the defendant had a right to seek to disqualify the arbitrator after the interim award was issued.
In May 2005, Deborah Hoffman demanded arbitration against Advantage Medical Services LLC, alleging that it failed to ...