We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
UNINSURED MOTORIST--COLORADO--PUBLIC POLICY--COMMON LAW.
- Abstract
The article focuses on the court case Wales v. State Farm Mutual Auto Insurance Co. The court held that the arbitration and consent to sue clauses of the policy were not void as being against public policy. The plaintiff was involved in an automobile collision with an uninsured motorist. Despite attempts by both parties, arbitration of the uninsured motorist claim in accordance with the insurance policy never took place. Plaintiff sued the uninsured motorist and obtained a judgment. The defendant-insurer moved to dismiss on the ground that the plaintiff had not complied with the arbitration clause and that it had not consented to the suit as required by another clause of the policy. The court of appeals reversed and remanded with directions to dismiss the complaint. The appellate court's view was that although Colorado's public policy favors protecting the victims of financially irresponsible motorists, this consideration was not wholly conclusive in this particular case.
- Subjects
STATE Farm Mutual Automobile Insurance Co.; ACTIONS &; defenses (Law); INSURANCE claims; CONFLICT of laws; INSURANCE policies; NONINSURABLE risks
- Publication
Arbitration Journal, 1977, Vol 32, Issue 3, p238
- ISSN
0003-7893
- Publication type
Article