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- Title
UNDER FLORIDA POLICIES PROVIDING FOR ARBITRATION OF UNINSURED MOTORIST CLAIMS THE QUESTION OF PHYSICAL CONTACT WITHIN THE MEANING OF THE POLICY'S HIT-AND-RUN PROVISION IS ONE OF COVERAGE TO BE DECIDED BY THE COURT, SINCE IN ABSENCE OF COVERAGE THE INSURED WOULD NOT BE ENTITLED TO ARBITRATION WHICH WAS, IN THE INSTANT CASE, DENIED
- Abstract
This article focuses on the court ruling given in Cruger v. Allstate Insurance Co. case. Under Florida policies providing for arbitration of uninsured motorist claims the question of physical contact within the meaning of the policy's hit-and-run provision is one of coverage to be decided by the court, since in absence of coverage the insured would not be entitled to arbitration which was, in the instant case, denied. In affirming, the court stated that "it should completely adjudicate all the rights of the parties relating to coverage, liability, damages, etc., in order that the rights of the parties not be determined in a piecemeal fashion."
- Subjects
FLORIDA; LEGAL judgments; ALLSTATE Insurance Co.; ACTIONS &; defenses (Law); ARBITRATION &; award; ACCIDENT insurance
- Publication
Arbitration Journal, 1965, Vol 20, Issue 2, p121
- ISSN
0003-7893
- Publication type
Article