AUTO OWNERS INSURANCE CO V ALLSTATE INSURANCE CO
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STATE OF MICHIGAN
COURT OF APPEALS
AUTO-OWNERS INSURANCE CO,
UNPUBLISHED
November 6, 1998
Plaintiff-Appellant,
v
No. 201809
Ingham Circuit Court
LC No. 96-083792 CZ
ALLSTATE INSURANCE CO,
Defendant-Appellee.
Before: Markman, P.J., and Bandstra and J.F. Kowalski*, JJ.
MEMORANDUM.
In this declaratory judgment action, plaintiff seeks a modification of an arbitration award to
reflect a “50/50” apportioning between the parties of the medical expenses initially paid by defendant as
a consequence of injuries suffered in an automobile accident by the minor child of the insured of both
parties. The trial court denied plaintiff’s modification request. We affirm. This case is being decided
without oral argument pursuant to MCR 7.214(E).
Plaintiff a
rgues that the arbitrators exceeded the scope of their authority when they failed to
apportion on a pro rata basis the medical expenses incurred in this case as required by MCL 500.3114;
MSA 24.13114, and, as a consequence, entered an award that violates both statute and case law.
Defendant’s submission to the arbitration committee clearly indicated that defendant sought
reimbursement for the entire $33,616.10. Accordingly, the appropriate time to have raised the
apportionment issue was before the arbitration committee rendered its award and not after an adverse
award was made. Plaintiff’s failure to raise the apportionment issue before the arbitration committee
waives appellate consideration of plaintiff’s claimed error. Graceman v Goldstein, 93 Md App 658;
613 A2d 1049, 1056 (1992); Lebow v Bogner-Seitel Realty, Inc, 55 AD2d 695; 389 NYS2d 51, 52
(1976).
We affirm.
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
/s/ Stephen J. Markman
/s/ Richard A. Bandstra
/s/ John F. Kowalski
-2
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