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Lois Gilbert v. State Farm Insurance Company
Date: 11-13-2007
Case Number: S-12142
Judge: Fabe
Court: Supreme Court of Alaska on appeal from the Superior Court, Third Judicial District, Anchorage Alaska
Plaintiff's Attorney: <P>Lois Gilbert, pro se, Anchorage, Appellant.
Defendant's Attorney: Jimmy White, Hughes Bauman Pfiffner Gorski & Seedorf, LLC, Anchorage, for Appellee.
In 1994 Lois Gilbert was involved in an automobile accident. Gilbert
disagreed with State Farm Insurance Company, her insurance carrier, over the extent of
her injuries from the accident. On January 12, 2000, pursuant to her insurance contract,
Gilbert submitted to arbitration a dispute with State Farm over payment for the accident.
The arbitrator found in favor of State Farm. Gilbert appealed to the superior court, which affirmed the arbitrator's decision. Because the superior court properly upheld the
arbitrator's decision, we affirm.
II. FACTS AND PROCEEDINGS
In 1994 Lois Gilbert was involved in an automobile accident. Gilbert
disagreed with State Farm over the extent of her injuries from the accident. Pursuant to
her insurance contract, Gilbert submitted to arbitration her dispute with State Farm over
payment for the accident.1 Gilbert was represented by counsel during the arbitration.2
On January 18, 2000, arbitrator J. Justin Ripley issued a memorandum and award,
finding that Gilbert had failed to prove that the 1994 accident caused her injuries and
declaring State Farm the prevailing party. No longer represented by counsel, Gilbert
filed a motion for reconsideration with the arbitrator. During the reconsideration process,
the arbitrator made "significant procedural concessions" and allowed Gilbert to file an
"unusual volume of materials," including "photo copies and original photographs of the
accident car, of [Gilbert] as an active young person in the 70's, video clips of [Gilbert]
as a happy [child], and of TV commentator Stone Phillips presenting a sharply divided
panel discussion on the subject of fibromyalgia." In May 2000 the arbitrator denied
Gilbert's motion for reconsideration, confirming his previous findings that Gilbert's
testimony was not credible and that she had not met her burden of proof. The arbitrator
awarded State Farm augmented attorney's fees.
Appearing pro se, Gilbert filed a notice of appeal with the superior court in
June 2000. On September 7, 2001, the superior court dismissed the appeal because Gilbert had not paid her cost bond. Gilbert appealed to this court.3 On July 28, 2004, we
reversed, holding that it was an abuse of discretion to deny Gilbert's motion to waive the
cost bond requirement.4
On November 1, 2004, State Farm filed a motion to confirm the arbitrator's
award and a motion for entry of judgment. Gilbert opposed the motion and moved to
vacate the arbitrator's award. On February 14, 2005, Superior Court Judge Michael L.
Wolverton heard oral argument on the motions. In the following months, Gilbert filed
additional motions requesting that the court review supplemental materials and compel
discovery. On September 8, 2005, the superior court granted State Farm's motion to
confirm the arbitrator's award and denied Gilbert's motions. The court found that "there
[was] no evidence in the record of bias or fraud to support Ms. Gilbert's claims. Her
frustrations seem entirely based on a dissatisfaction with the Arbiter's ultimate decision,
rather than any legitimate grievances regarding the arbitration process."
* * *
Alaska Statute 09.43.120(a)(1) provides that a court shall vacate an
arbitrator's award if the award "was procured by fraud or other undue means."
Subsection (a)(2) provides for vacating an award where "there was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct
prejudicing the rights of a party."
* * *
For the full text of this opinion, go to: http://www.state.ak.us/courts/ops/sp-6193.pdf
of fraud, undue means, or arbitrator bias, and because there is no basis for Gilbert’s
constitutional claims or for the discovery she seeks, we AFFIRM the decision of the
superior court to uphold the arbitrator’s award. Because State Farm’s argument for
sanctions is unpersuasive, we decline to sanction Gilbert for her appeal in this case.
About This Case
What was the outcome of Lois Gilbert v. State Farm Insurance Company?
The outcome was: Because the superior court properly concluded that there was no evidence of fraud, undue means, or arbitrator bias, and because there is no basis for Gilbert’s constitutional claims or for the discovery she seeks, we AFFIRM the decision of the superior court to uphold the arbitrator’s award. Because State Farm’s argument for sanctions is unpersuasive, we decline to sanction Gilbert for her appeal in this case.
Which court heard Lois Gilbert v. State Farm Insurance Company?
This case was heard in Supreme Court of Alaska on appeal from the Superior Court, Third Judicial District, Anchorage Alaska, AK. The presiding judge was Fabe.
Who were the attorneys in Lois Gilbert v. State Farm Insurance Company?
Plaintiff's attorney: Lois Gilbert, pro se, Anchorage, Appellant.. Defendant's attorney: Jimmy White, Hughes Bauman Pfiffner Gorski & Seedorf, LLC, Anchorage, for Appellee..
When was Lois Gilbert v. State Farm Insurance Company decided?
This case was decided on November 13, 2007.