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- Title
INSURANCE--UNDERINSURED MOTORIST- ARBITRATION AGREEMENT--INCONSISTENT RESULTS--SUBROGATION--MASSACHUSETTS.
- Abstract
This article presents a review on the court insurance decision on a case regarding the underinsured motorist benefits in Massachusetts. Absent a provision to the contrary in the underinsurance statute or in the insurance policy, a party may seek arbitration of a claim for underinsured motorist benefits prior to the exhaustion of claims against the alleged tortfeasors. Kevin Faris, a minor, was injured when a rented car driven by his father, lames Faris, collided with an auto driven by Linda Moniz. A tort action was filed on Kevin's behalf against both his father and Moniz, resulting in a settlement of 10,000 dollars from Moniz's insurer. To the extent that arbitration might precede an inconsistent judicial resolution of the tort claim, the court noted that the insurer was protected by its subrogation rights in the policy and the statute.
- Subjects
MASSACHUSETTS; INSURANCE; SURETYSHIP &; guaranty; ACTIONS &; defenses (Law); ARBITRATION &; award; NONINSURABLE risks
- Publication
Arbitration Journal, 1989, Vol 44, Issue 3, p80
- ISSN
0003-7893
- Publication type
Article