{
  "id": 3575195,
  "name": "ETHELENE HARRIS, Plaintiff-Appellant, v. ALLIED AMERICAN INSURANCE COMPANY, Defendant-Appellee",
  "name_abbreviation": "Harris v. Allied American Insurance",
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  "analysis": {
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  "last_updated": "2023-07-14T16:53:41.650258+00:00",
  "provenance": {
    "date_added": "2019-08-29",
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  "casebody": {
    "judges": [],
    "parties": [
      "ETHELENE HARRIS, Plaintiff-Appellant, v. ALLIED AMERICAN INSURANCE COMPANY, Defendant-Appellee."
    ],
    "opinions": [
      {
        "text": "PRESIDING JUSTICE SULLIVAN\ndelivered the opinion of the court:\nIn this appeal, plaintiff contends that the trial court erred in denying her motion to confirm an arbitration award entered against defendant and her motion to reconsider.\nAfter plaintiff brought an action to compel arbitration of her uninsured-motorist claim, defendant agreed to submit the matter to arbitration. Under the terms of the policy, the arbitrators were required to determine whether plaintiff was \u201clegally entitled to recover damages from the owner or operator of an uninsured automobile because of bodily injury to the insured,\u201d and, if so, \u201cthe amount payable hereunder.\u201d The declaration sheet stated that the limits of liability for uninsured-motorist coverage were $10,000 per person and $20,000 per occurrence. Following a hearing, the arbitrators determined that plaintiff was entitled to damages and entered and awarded plaintiff $55,000 \u201cas compensation for injuries suffered by her.\u201d The trial court denied plaintiff\u2019s motion to confirm the award and her subsequent motion to reconsider. This appeal followed.\nWhile plaintiff contends that the award should have been confirmed, she admits: (a) that coverage for her injuries under the uninsured-motorist provision of the insurance policy issued by defendant was limited to $10,000, and (b) that the arbitrators never made a determination of the amount due her under the policy. Notwithstanding these admissions, however, plaintiff argues that the award of $55,000 should have been confirmed because defendant did not move to vacate, modify, or correct the amount of the award within 90 days as provided in the Uniform Arbitration Act (Act) (Ill. Rev. Stat. 1985, ch. 10, par. 101 et seg.). We disagree. The flaw in plaintiff\u2019s argument is the assumption that the arbitration award in this case was valid and enforceable. We find that it was not.\nAt common law, an arbitration award was void and unenforceable unless it disposed of all matters that had been properly submitted to the arbitrators for their consideration and ruling. (The Illinois authorities are collected in City of Carlyle v. Village of Beckemeyer (1927), 243 Ill. App. 460, 464-65. Decisions from other jurisdictions may be found in Annot., 36 A.L.R.3d 649 (1971).) This also represents the law under the Uniform Arbitration Act (7 U.L.A. 1 through 229 (1985)), which Illinois adopted in 1961. (Ill. Rev. Stat. 1961, ch. 10, par. 101 et seq. See Rural Water District No. 6 v. Ziegler Corp. (1984), 9 Kan. App. 2d 305, 311, 677 P.2d 573, 580; Porter v. Irvine (Tex. App. 1983), 658 S.W.2d 711, 713-14.) An arbitration award must be final. Ill. Rev. Stat. 1985, ch. 10, par. 105(c).\nUnder the Act, a nonfinal award may be attacked at any time. (See Meade v. Lumbermens Mutual Casualty Co. (Fla. 1982), 423 So. 2d 908 (90-day limitation period for vacating, modifying, or correcting arbitration awards did not bar insurer from raising the issue of liability limits as a defense to a motion to confirm an arbitration award filed more than 90 days after the award was made where the arbitrators never ruled on the question of liability limits).) Here, the submission to arbitration raised the issues of liability and amount due, if any, under the uninsured-motorist clause. (Pillott v. Allstate Insurance Co. (1977), 48 Ill. App. 3d 1043, 1048, 363 N.E.2d 460. See also Flood v. Country Mutual Insurance Co. (1968), 41 Ill. 2d 91, 242 N.E.2d 149.) The arbitrators decided the issue of liability in plaintiff\u2019s favor and found that she had sustained damages in the total amount of $55,000 but, as plaintiff has conceded, they made no determination, as they were required to do, as to whether all or any portion of that amount was due under the policy. In its absence the award was incomplete and lacked finality and could be attacked at any time. We thus find no error in the court\u2019s denial of plaintiff\u2019s motion to confirm or of her motion to reconsider. In light of this conclusion, we need not reach the merits of defendant\u2019s motion to dismiss plaintiff\u2019s appeal.\nFor the foregoing reasons, we affirm the orders of the circuit court of Cook County denying plaintiff\u2019s motion to confirm the arbitration award and her motion to reconsider.\nAffirmed.\nLORENZ and PINCHAM, JJ., concur.",
        "type": "majority",
        "author": "PRESIDING JUSTICE SULLIVAN"
      }
    ],
    "attorneys": [
      "Healy & Nolan, of Chicago (Martin J. Healy, Jr., and Daniel B. Malone, of counsel), for appellant.",
      "Beermann, Swerdlove, Woloshin, Barezky & Berkson, of Chicago (Alvin R. Becker and Steven P. Garmisa, of counsel), for appellee."
    ],
    "corrections": "",
    "head_matter": "ETHELENE HARRIS, Plaintiff-Appellant, v. ALLIED AMERICAN INSURANCE COMPANY, Defendant-Appellee.\nFirst District (5th Division)\nNo. 86\u20140425\nOpinion filed January 23, 1987.\nHealy & Nolan, of Chicago (Martin J. Healy, Jr., and Daniel B. Malone, of counsel), for appellant.\nBeermann, Swerdlove, Woloshin, Barezky & Berkson, of Chicago (Alvin R. Becker and Steven P. Garmisa, of counsel), for appellee."
  },
  "file_name": "0088-01",
  "first_page_order": 110,
  "last_page_order": 112
}