Appellate Court of Illinois

An order affirming an arbitration award and judgment in favor of the plaintiff for monetary damages is affirmed where: 1) the arbitrators did not exceed their powers in awarding punitive damages since punitive damages were raised in the amended complaint and the parties agreed to submit all matters raised to binding arbitration; 2) there was no gross error of fact or law on the part of the arbitrators in the award regarding defendant's duty to defend the plaintiff in the underlying suit; 3) the arbitrators award under section 155 of the Illinois Insurance Code does not constitute basis to vacate since the matter was within the scope of those mutually consented for arbitration; and 4) the finding that defendant breached a fiduciary duty to plaintiff is not gross error appearing on the face of the award.

Appellate Information

• Decided 06/12/2007
• Published 06/12/2007

Judges

• Justice SPOMER delivered the opinion of the court:

Court

• Appellate Court of Illinois

Counsel

• For Appellant:
  
• Stephen P. Niemira, John S. Sandberg, Samuel J. Wright, Sandberg, Phoenix & Von Gontard, P.C., St. Louis, MO, Marc E. Rosenthal, Jeffrey W. Sarles, Violeta I. Balan, Mayer, Brown, Rowe & Maw, LLP, Chicago, for Appellant.


• For Appellees:
  
• Michael J. Bedesky, Reed, Armstrong, Gorman, Mudge & Morrissey, P.C., Edwardsville, Robert Wendt, The Wendt Law Firm, St. Louis, MO, for Appellee.