S-16-0810 Matt Karo and Michael Karo v. NAU Country Insurance Company (Appellant)
Holt County District Court, Judge Mark Kozisek
Attorneys: Sean A. Ninahan (Lamson Dugan & Murray LLP) --- Thomas M. Locher & Amy Locher (Locher Pavelka Dostal Braddy & Hammes, LLC) & Mirch D. Carthel, appearing pro hac vice (Sprouse Shrade Smith, PLLC)(Appellant)
Civil: Summary judgment; crop insurance; arbitration award
Proceedings below: Following a hearing, the district court granted summary judgment in favor Appellees and vacated the arbitration award. Appellant filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.
Issues: The trial court erred in (1) reviewing and vacating the arbitration award based on factual determinations made by the arbitrator, 2) applying the manifest disregard of law doctrine, 3) vacating the award based upon a final agency determination issued after the arbitration hearing and award, 4) ruling the arbitrator exceeded his powers or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made, and 5) refusing to grant Appellant’s motion for summary judgment and thereby confirm the arbitration award.