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- Title
ARBITRABILITY OF UNINSURED MOTORIST CLAIM -- FUTURE DISPUTE -- INDIANA LAW.
- Abstract
This article focuses on the decision made by a court in Indiana against the case "Lerma V. Allstate Insurance Co.," concerning the laws related to the arbitrability of uninsured motorist claim. The court held that the provision in insurance policy requiring submission to arbitration of issues of liability and damages, with reference to uninsured motorist claims, was against the public policy of Indiana and not enforceable under the laws of the state. The court further held that to treat the arbitration clause of the uninsured motorist endorsement as a condition precedent to maintenance of a lawsuit would be to require a futile or useless act in that Indiana law precludes enforcement of a contractual provision requiring submissions of future disputes to binding arbitration and the court would therefore have to review the decision of the arbitrator.
- Subjects
INDIANA; ACTION &; defense cases; UNINSURED motorist insurance -- Law &; legislation; INSURANCE claims; INSURANCE policies; ALLSTATE Insurance Co.; INSURANCE premiums; ARBITRATION (Administrative law)
- Publication
Arbitration Journal, 1969, Vol 24, Issue 4, p249
- ISSN
0003-7893
- Publication type
Article