Home/Case Law/IVORY PHILLIPS vs. IRWIN INDUSTRIES, INC./ZURICH NORTH AMERICA
Regular Decision

IVORY PHILLIPS vs. IRWIN INDUSTRIES, INC./ZURICH NORTH AMERICA

Filed: Oct 18, 2011
ADJ7405264

CompFox AI Summary

The Appeals Board dismissed Defendant Irwin Industries' untimely petition for removal. The Board then initiated removal on its own motion, intending to impose sanctions on adjuster Richard Bailey for failing to appear at a hearing despite explicit notice that the hearing would proceed. The Board found Bailey's non-appearance may constitute a bad faith tactic intended to cause unnecessary delay, noting this refusal undermined the arbitration process.

Full Decision Text1 Pages

The Appeals Board dismissed Defendant Irwin Industries' untimely petition for removal. The Board then initiated removal on its own motion, intending to impose sanctions on adjuster Richard Bailey for failing to appear at a hearing despite explicit notice that the hearing would proceed. The Board found Bailey's non-appearance may constitute a bad faith tactic intended to cause unnecessary delay, noting this refusal undermined the arbitration process.

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IVORY PHILLIPS vs. IRWIN INDUSTRIES, INC./ZURICH NORTH AMERICA ("201) – | CompFox