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- Title
UNINSURED MOTORIST -- AWARD BEYOND SUBMISSION UPHELD -- INSURED'S FAILURE TO MOVE FOR VACATUR -- INSURED'S BREACH OF CONTRACT NOT VALID GROUND -- CONNECTICUT.
- Abstract
The article analyses a court decision related to uninsured motorist policy in Connecticut. Where insurer failed to move to vacate, modify or correct arbitration award rendered against insurer under uninsured motorist policy, court confirmed award notwithstanding contentions that award went beyond the submission agreement, that insured had breached terms of policy by proceeding to judgment against the uninsured motorist without insurer's knowledge or consent, and that arbitration was entered upon by parties without waiving questions as to coverage and contract compliance and with reservation of right to contest carrier's duty to pay amount of arbitrator's award. The facts showed that the award went beyond the submission agreement because it erroneously held that the insurer should pay the insured a certain sum, whereas the arbitration provision required the arbitrator to determine the amount of damages due, not from the insurer, but from the uninsured motorist.
- Subjects
CONNECTICUT; UNINSURED motorist insurance; BREACH of contract; ARBITRATION &; award; INSURANCE companies; ARBITRATORS; DAMAGES (Law)
- Publication
Arbitration Journal, 1971, Vol 26, Issue 1, p60
- ISSN
0003-7893
- Publication type
Article