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- Title
COMMON LAW ARBITRATION -- COLORADO LAW -- INSURANCE POLICY -- MEDICAL REFEREES -- PROCEDURE IN HEARINGS -- BINDING DECISION.
- Abstract
This article presents information on a court decision in the case Hart v. Orion Insurance Co. Ltd., in the U.S. In this case, airline pilots' insurance policy against occupational disability contained an arbitration agreement with a provision that the determination of plaintiff's disability was to be made solely by medical referees chosen as specified in the agreement. The court held that arbitration should be conducted according to the procedures provided in the policy and not under the federal or Colorado rules for arbitration. In denying summary judgement to the pilot and granting the insurer's motion for summary judgment, the court found itself bound by the decision of the medical referees since the pilot failed to allege any legal basis for invalidating either the arbitration decision or the contract.
- Subjects
UNITED States; LEGAL judgments; ACTIONS &; defenses (Law); INSURANCE claims; OCCUPATIONAL diseases; INSURANCE premiums; NONINSURABLE risks; COMMERCIAL arbitration agreements
- Publication
Arbitration Journal, 1971, Vol 26, Issue 2, p128
- ISSN
0003-7893
- Publication type
Article