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- Title
UNINSURED MOTORIST -- HIT AND RUN -- PHYSICAL CONTACT AN ISSUE FOR THE ARBITRATOR -- CALIFORNIA.
- Abstract
The article presents information about a hit and run case of an uninsured motorist (UM). It informs about Orpustan versus State Farm Mutual Ins. Co. case. Where a claim is made under UM coverage, the entire dispute, including the issue of actual physical contact, is to be determined by the arbitrator. Resolving a conflict in the intermediate appellate courts of the state, the California Supreme Court vacated an order dismissing plaintiff's motion to compel arbitration despite the absence of proof of actual physical contact. The court reasoned that all disputes arising under the UM coverage should be subject to the decision of an arbitrator as required under terms of the coverage and that to hold otherwise would deprive the insured of the value of arbitration as a speedy remedy. The court disapproved those holdings which divide the issues between jurisdictional facts for the court and the remainder for the arbitrator. The court noted, however, that the decision was intended only to expedite the resolution of claims and not in any respect, to modify the physical contact standards imposed by the legislature.
- Subjects
CALIFORNIA; TRAFFIC accidents; ACTIONS &; defenses (Law); UNINSURED motorist insurance; ARBITRATION &; award; APPELLATE courts
- Publication
Arbitration Journal, 1973, Vol 28, Issue 1, p73
- ISSN
0003-7893
- Publication type
Article