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- Title
INSURANCE--UNINSURED MOTORIST-- UNDERINSURED MOTORIST--MANDATORY ARBITRATION--POLICY LIMITATION--TRIAL DE NOVO--NEW YORK.
- Abstract
This article presents information on judicial decision given in the case Reichel v. Government Employees Insurance Co. , related to disputes involving supplementary uninsured motorist insurance in New York. Where arbitration is chosen as the forum, however, arbitration awards exceeding the standard policy limit of $50,000 may be subject to trial de novo at the request of either party where the policy so provides. In New York, the minimum-required uninsured motorist endorsement provides a maximum benefit of $50,000 for wrongful death for one person and $100,000 for two or more persons. The statute does not require that disputes over coverage of supplemental insurance can be resolved through binding arbitration. The insured purchased supplemental uninsured motorist coverage from his insurer. The policy provided that awards greater than the standard $50,000 limitation were subject to trial de novo at the request of either party. The claimant argued that the first $50,000 of the award was final and binding and that only the excess was subject to trial de novo.
- Subjects
NEW York (State); LEGAL judgments; ACTIONS &; defenses (Law); GOVERNMENT Employees Insurance Co. Inc.; UNINSURED motorist insurance; ARBITRATION &; award; WRONGFUL death
- Publication
Arbitration Journal, 1986, Vol 41, Issue 2, p79
- ISSN
0003-7893
- Publication type
Article