A challenge to an arbitrator’s partiality is waived if it is not raised during the arbitration proceedings, a split en banc panel of the Superior Court has ruled, though the court did not specifically rule on the merits of that challenge.
Barisha Dill, who was injured in a 2003 car accident, waived her right to challenge the role of Kevin McNulty as an arbitrator in an underinsured motorist case, the court said in State Farm v. Dill. Dill had appealed the arbitration panel’s unanimous decision in favor of State Farm Mutual Automobile Insurance Co., arguing McNulty’s impartiality was compromised because he had previously represented the defendant in a third-party negligence suit Dill filed with regard to the same accident.
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