(a) Upon motion filed within 90 days after the movant receives notice of the award in a record pursuant to section 572B.19 or within 90 days after the movant receives notice of an arbitrator's award in a record on a motion to modify or correct an award pursuant to section 572B.20, the court shall modify or correct the award if:
(1) there was an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property referred to in the award;
(2) the arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or
(3) the award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.
(b) If a motion filed under subsection (a) is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, the court shall confirm the award.
(c) A motion to modify or correct an award pursuant to this section may be joined with a motion to vacate the award.
Notes of Decisions
Mark Herll v. Auto-Owners Ins. Co., 879 F.3d 293 (8th Cir. 2018).
“Although a motion to modify or correct an award must be filed within ninety days after notice of the award, Minn. Stat. § 572B.24(a), there is no such time limit on the court’s authority to resubmit an award when presented with a motion to confirm an ambiguous award.”
Savanna Grove Coach Homeowners' Ass'n v. Auto-Owners Ins. Co. (D. Minnesota 2020).
· cites it 4× “The district court confirmed the appraisal award but denied the motion for pre-award interest as untimely under the Act, construing the motion for pre-award interest as a motion to modify the award under Minn. Stat. § 572B.24, which has a 90-day limitation period.”
— Minn. Stat. § 572B.24(a) — 1 case
Mark Herll v. Auto-Owners Ins. Co., 879 F.3d 293 (8th Cir. 2018).
“Although a motion to modify or correct an award must be filed within ninety days after notice of the award, Minn. Stat. § 572B.24(a), there is no such time limit on the court’s authority to resubmit an award when presented with a motion to confirm an ambiguous award.”
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