03-2-9540 Merchants Insurance Group v. AAA Mid-Atlantic Insurance Company, App. Div. (per curiam) (6 pp.) Plaintiff Merchants Insurance Group appeals from the Law Division’s order that denied its motion for reconsideration of the order which had denied plaintiff’s order to show cause seeking to vacate an arbitration award entered in favor of defendant AAA Mid-Atlantic Insurance Company. A review of the property damage arbitration agreement disclosed that it does not contain a provision requiring the parties to submit the matter for resolution under the APDRA. Nor did the parties enter into a separate agreement to resolve subrogation claims under the APDRA. Accordingly, the trial court incorrectly considered Merchants’ application to vacate the arbitration award under the APDRA, rather than under the statutory standard contained in the Arbitration Act. The appellate panel reverses and remands to the trial court to reconsider the matter anew under the Arbitration Act.
