Dane v. Aetna Casualty & Surety Co.

Massachusetts Supreme Judicial Court

Dane v. Aetna Casualty & Surety Co.

341 N.E.2d 254, 369 Mass. 966, 1976 Mass. LEXIS 1111

CourtMassachusetts Supreme Judicial Court

DecidedJanuary 28, 1976

StatusPublished

Cited by3 cases

This text of 341 N.E.2d 254 (Dane v. Aetna Casualty & Surety Co.) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dane v. Aetna Casualty & Surety Co., 341 N.E.2d 254, 369 Mass. 966, 1976 Mass. LEXIS 1111 (Mass. 1976).

Pincite

Opinion

In this appeal from a judgment denying the plaintiff’s application to vacate an arbitrator’s award and confirming that award, the plaintiff argues that the arbitrator exceeded his power and thus the [967]*967award should be vacated as provided in clause (3) of G. L. c. 251, § 12 (a). However, the plaintiff’s only contention that the arbitrator exceeded his power is in substance a claim that the arbitrator committed an error of law. The principle is well established in this Commonwealth that, in the absence of fraud, an arbitrator’s award will not be vacated because of an error of law. Trustees of the Boston & Me. Corp. v. Massachusetts Bay Transp. Authority, 363 Mass. 386, 390 (1973), and cases cited.

Philip J. Shine for the plaintiff. Edward J. McDonough for the defendant.

Judgment affirmed.

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In this appeal from a judgment denying the plaintiff’s application to vacate an arbitrator’s award and confirming that award, the plaintiff argues that the arbitrator exceeded his power and thus the [967]*967award should be vacated as provided in clause (3) of G. L. c. 251, § 12 (a). However, the plaintiff’s only contention that the arbitrator exceeded his power is in substance a claim that the arbitrator committed an error of law. The principle is well established in this Commonwealth that, in the absence of fraud, an arbitrator’s award will not be vacated because of an error of law. Trustees of the Boston & Me. Corp. v. Massachusetts Bay Transp. Authority, 363 Mass. 386, 390 (1973), and cases cited.

Philip J. Shine for the plaintiff. Edward J. McDonough for the defendant.

Judgment affirmed.

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Bluebook (online)

341 N.E.2d 254, 369 Mass. 966, 1976 Mass. LEXIS 1111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dane-v-aetna-casualty-surety-co-mass-1976.

Opinion

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