In the Matter of the Arbitration between American Eagle Fire Insurance Company, and New Jersey Insurance Company

Summary

The Court held that the resignation of an arbitrator after the case has been submitted for decision does not prevent the remaining two arbitrators from issuing a valid majority award unless the arbitration agreement expressly requires a substitute. Accordingly, the lower court's order was reversed. Justice Crane dissented, arguing that the contract required a replacement arbitrator and that an award by only two arbitrators should be void.