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- Title
UNINSURED MOTORIST -- ENFORCEABILITY OF ARBITRATION CLAUSE -- DECLARATORY JUDGMENT DENIED.
- Abstract
The article analyses a court decision related to uninsured motorist. Insurer's motion for declaratory judgment seeking court declaration that arbitration clause in uninsured motorist policy was illegal and unenforceable was denied on grounds that such an injunction would put the court in the position of sanctioning a breach of contract by an insurance company which is responsible for the contents of its policy. In granting insured's motion to dismiss the action, the court also found that if the insurer was correct in its assertion that such an arbitration provision is unenforceable, specific performance would not be available and any injunction by the court would be superfluous.
- Subjects
UNINSURED motorist insurance; INSURANCE companies; DECLARATORY judgments; ARBITRATION &; award; INJUNCTIONS; BREACH of contract
- Publication
Arbitration Journal, 1971, Vol 26, Issue 1, p63
- ISSN
0003-7893
- Publication type
Article