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- Title
UM -- NO-FAULT -- NEW YORK -- ESTOPPED -- INTEREST ALLOWED -- ATTORNEY FEES.
- Abstract
The article focuses on the decision given by a U.S. court in the lawsuit Scholz v. Utica Mutual Insurance Co., in the year 1976. The court held that where the insurer advised the insured that she would be reimbursed for her medical and hospital expenses under no-fault, in addition to sums paid under the uninsured motorist provision of the policy, and where the insurer settled the uninsured motorist matter for $10,000 and delivered to insured two drafts covering partial no-fault payment benefits and in reliance upon these representations the insured underwent elective plastic surgery, the insurer was estopped from attempting to deny the insured claim for no-fault reimbursements. The court concluded that the insurer could not set-off as a credit the promised no-fault benefits against the uninsured motorist payments.
- Subjects
LEGAL judgments; ARBITRATION &; award; UTICA Mutual Insurance Co.; UNINSURED motorist insurance -- Law &; legislation; PLASTIC surgery; INSURANCE claims
- Publication
Arbitration Journal, 1976, Vol 31, Issue 3, p221
- ISSN
0003-7893
- Publication type
Article