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- Title
INSURANCE -- UNINSURED MOTORIST ACT -- McCARRAN-FERGUSON ACT -- FEDERAL ARBITRATION ACT -- STATE ARBITRATION ACT -- VERMONT.
- Abstract
The article presents the merits of the case Preziose versus Lumbermen's Mutual Casualty Co. involving the U.S. McCarran-Ferguson Act and the application of the Federal Arbitration Act (FAA) to a claim made under the uninsured motorist provision of an automobile insurance policy. Michael Preziose and Linda Preziose were involved in an accident in New York and initiated an action in a Vermont court against Lumbermen's Mutual Casualty Company for recovery under the uninsured motorist provision of their insurance policy. The policy contained a clause providing for arbitration of disputes over the Prezioses' entitlement to damages. Lumbermen's moved to compel arbitration, which the court granted on the ground that the FAA applied to the policy. The court determined that as to the invalidation, impairment, or supersession of Vermont law, the Prezioses' insurance contract was not subject to the Vermont Arbitration Act (VAA). The court found that the VAA applies only to agreements entered into and executed on or after July 1, 1985, while the Prezioses' insurance contract was entered into prior to that date.
- Subjects
ARBITRATION &; award; AUTOMOBILE insurance; UNINSURED motorist insurance; PREZIOSE, Michael; PREZIOSE, Linda; COURTS
- Publication
Arbitration Journal, 1990, Vol 45, Issue 2, p66
- ISSN
0003-7893
- Publication type
Article