We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
PHYSICAL CONTACT -- BURDEN OF PROOF -- UNINSURED MOTORIST.
- Abstract
This article focuses on the judicial decision made against the case "Yerks v MYAIC, 32 A.D. 2d 746," concerning laws related to uninsured motorist insurance. It is reported that, where both claimant and disinterested witnesses testified that there was physical contact between claimant and unidentified vehicle, trial court finding that plaintiff had sustained his burden of proving physical contact as well as order to proceed to arbitration was affirmed. Issue of whether requisite, physical contact occurred was a question of fact for the trial judge. Dissent felt that respondent had not sustained his burden of proof and that judge's finding was against the weight of credible evidence.
- Subjects
ACTION &; defense cases; UNINSURED motorist insurance -- Law &; legislation; INSURANCE law; CREDIBILITY theory (Insurance); TRIALS (Law); GRIEVANCE arbitration; LEGAL evidence
- Publication
Arbitration Journal, 1969, Vol 24, Issue 4, p257
- ISSN
0003-7893
- Publication type
Article