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- Title
NO-FAULT AUTOMOBILE INSURANCE-UNCONSTITUTIONALITY OF MANDATORY ARBITRATION PROVISIONS-ILLINOIS.
- Abstract
This article focuses on the ruling of the Illinois Supreme Court regarding the case "Grace v. Howlett," implying that the no-fault statute provided for mandatory arbitration of claims is unconstitutional based upon state constitutional restrictions on multiple trials and a constitutional prohibition of fee-paid officers. The court initially determined that the applicability of the statute to private automobiles and not commercial vehicles made it an unconstitutional "special law" but, in reviewing the remedial provisions, the court noted that the constitutionality of mandatory arbitration requires a right to a trial de novo to avoid a conflict with the right to a trial by jury. The court went on, however, to hold a provision for trial de novo of itself to be in conflict with the state constitution as recently amended, the intent of the amendments being to eliminate duplicate trials.
- Subjects
ILLINOIS; NO-fault automobile insurance; ACTIONS &; defenses (Law); ARBITRATION &; award; TRIALS (Law); LEGAL judgments; LAW; STATUTES
- Publication
Arbitration Journal, 1972, Vol 27, Issue 3, p206
- ISSN
0003-7893
- Publication type
Article