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- Title
ARBITRABILITY OF UNINSURED MOTORIST CLAIM -- NEBRASKA.
- Abstract
This article focuses on the judicial decision made against the case "Reisner v. Jones, 169 N.W. 2d 606," concerning the laws related to the arbitrability of uninsured motorist claim. In this case, where the insurer sought to arbitrate claim arising under uninsured motorist endorsement, the federal court of Nebraska had refused to enforce arbitration clause on the ground that it was against public policy. Relying on another similar case, "German-American Insurance Co. v. Etherton," the court held that the compulsory arbitration clause involved in this insurance policy and considered in the context of an uninsured motorists coverage is void and of no force and effect because it contravenes the public policy. Facts indicate that insurer and insured had negotiated unsuccessfully concerning payment for physical injuries and that a default judgment against uninsured tortfeasors had been obtained, the insurer having had full notice of such action.
- Subjects
NEBRASKA; ACTION &; defense cases; UNINSURED motorist insurance -- Law &; legislation; INSURANCE claims; COMPULSORY insurance; CONFLICT of laws; NONINSURABLE risks; INSURABLE risks; TORTS
- Publication
Arbitration Journal, 1969, Vol 24, Issue 4, p253
- ISSN
0003-7893
- Publication type
Article