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- Title
UNINSURED MOTORIST--STAY OF ARBITRATION DENIED--ISSUE OF LIABILITY DETERMINED BY ARBITRATOR.
- Abstract
This article focuses on the court ruling on the case "Michigan Millers Mutual Insurance Co. v. Hilliard," to deny a stay of arbitration implying that negligence should first be determined by a suit against the owner of the insured vehicle brought by a passenger in the uninsured vehicle. The court reasoned that the pending court action is not a condition precedent to arbitration and that the issue of negligence is one which the parties agreed to arbitrate and which agreement state policy clearly places within the power of the court to enforce. The court also discussed the right of an infant passenger to compel arbitration and held that since permission of the court had been obtained pursuant to CPLR 1209, the insurer could not argue that a lawsuit, though available to the infant, was a more appropriate forum, as the infant had the right to select the forum.
- Subjects
UNINSURED motorist insurance; ACTIONS &; defenses (Law); ARBITRATION &; award; MICHIGAN Millers Mutual Insurance Co.; NEGLIGENCE; LEGAL liability
- Publication
Arbitration Journal, 1972, Vol 27, Issue 3, p205
- ISSN
0003-7893
- Publication type
Article