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- Title
UNINSURED MOTORIST -- MEDICAL PAYMENT OFFSET.
- Abstract
The article focuses on a court case related to uninsured motorist. The arbitrator's restatement of award stated that he "gave no weight" to the insurer's demand that the amounts paid to the insured under medical payment clause of the uninsured motorist endorsement be deducted from total award. The court held that the insurer was not entitled to set off the medical and hospital expenses paid to the insured against an award of the legal maximum of $10,000. In confirming the arbitration award rendered in favor of insured, the court stated that the language in the provision of the policy regarding medical payment offsets does not afford the carrier the right, carte blanche, to reduce an arbitration award by such medical payments, simply because an amount for medical and hospital damages might also be included in the award. The court went on to say that the carrier must establish that the medical and hospital expenses for which it reimbursed the claimant were specifically included in the arbitration award if it wishes to succeed in reducing the award by the amount of those payments.
- Subjects
UNINSURED motorist insurance; ARBITRATION &; award; INSURANCE companies; PAYMENT; MEDICAL payments insurance; INSURANCE policies
- Publication
Arbitration Journal, 1970, Vol 25, Issue 4, p283
- ISSN
0003-7893
- Publication type
Article