Opinion by
The issue presented on appeal is whether the court below erred in entering an order pursuant to an award of arbitrators in a case involving uninsured motorist coverage.
Appellee, Betty Hain, was insured under an automobile insurance policy issued by appellant, Keystone In *458 surance Company, which, provided, inter alia, $10,000 of uninsured motorist coverage. On September 27,1970, appellee was involved in an accident with an uninsured motorist while a passenger in her own automobile. As a result of this accident, appellee sustained sеrious personal injuries. On the date of the accident, appellee lived with her daughter and her son-in-law, Hugh Brоwn. Appellant had issued a separate automobile insurance policy to Brown covering two autоmobiles and providing for $10,000 of uninsured motorist coverage for each automobile.
As a result of the injuries she sustаined in the accident of September 27, appellee filed claims against appellant under the uninsurеd motorist provisions of both her own policy and Brown’s policy. On July 31, 1973, the parties orally submitted the dispute to cоmmon law arbitration. On August 30, 1973, the arbitrators announced an award of $25,000 in favor of appellee. The arbitrators did not submit an opinion or explanation of the award. Appellant paid appellee the $10,000 which it сonceded that it owed her under the terms of her own policy, but denied any liability to the appellee undеr the terms of her son-in-law’s policy. On September 24, 1973, appellee filed a petition to confirm the award of the arbitrators. Appellant filed a petition to vacate or modify the arbitrators’ award. On January 4, 1974, thе Honorable Ned L. Hirsh of the Court of Common Pleas of Philadelphia County entered an order granting appellee’s petition to confirm and denying appellant’s petition to vacate or modify the award. This aрpeal followed. 1
*459
At common law, the arbitrator is “the final judge of both law and fact, his award not being subject to disturbance for a mistake of either.”
Harwitz v. Selas Corp. of America,
Appellant alleges neither fraud, misconduct, corruption, nor denial of a hearing. Instead, appellant contends that the mere fact that the arbitrators allowed appellee to recover under Brown’s policy, contrary to an allegedly lawful and explicit еxclusion in that policy, 2 constitutes an irregularity sufficient to require a court to vacate the award.
While thе damages granted in this case may have been at variance with the language of Brown’s policy, *460 we do not believe that the award meets the Fiormmvti criteria for vacating an arbitration decision. As the arbitrators delivered no opinion, we cannot determine thе grounds on which they based their award. Although the policy read as a whole may have excluded appеllee from coverage, we cannot say that the arbitrators could not, in good faith, have consulted thе policy and believed that appellee was covered. Appellant concedes that the arbitrators would have to read the coverage term of the policy, the exclusion to the covеrage term, and the exclusion to that exclusion, each contained in different sections of the poliсy, before concluding that appellee was excluded from coverage. While we may disagree with the arbitrators’ interpretation of this five-page, fine print contract, we cannot say that their conclusiоn amounted to such an “ignorance of the law and indifference to the justice of the result” as would causе a court to vacate the award.
Although a court must vacate a common law arbitration award whiсh is arbitrary and capricious, or which evidences indifference to the governing law, we cannot say that this is such an award.
Order affirmed.
Notes
Appellee’s petition and appellant’s petition were docketed as two separate cases in tlie court below (Court of Common Pleas of Philadelphia, September Term, 1973, Nos. 1648 and 4215 rеspectively). Strictly speaking, the case on appeal to this Court is appellee’s petition tо confirm the arbitrators’ award, No. 1648.
Exclusion (a) to the uninsured motorist part of Brown’s policy stated that the policy did not apply “to bodily injury to an insured while occupying an automobile (other than an insured automobile) оwned by the named insured or a relative. . . .” Appellee was an “insured” occupying an automobile owned by herself, a “relative”. Appellee was thus apparently excluded from coverage under this part of thе policy unless she was occupying an “insured automobile.” Appellant contends that the automobile оwned by appellee in which appellee was a passenger could under no circumstances be considered an “insured automobile” within the definition of the policy.
