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UM/UIM Litigation vs. Arbitration

11 Dec 2012 10:16 AM | Lloyd R. Jones (Administrator)

If anyone is receiving push back from Plaintiff's counsel on whether Defendants have a right to ask for arbitration under the UM/UIM statutes, I received a very favorable decision from Judge Hadley in the 2nd District in which he stated that the clear language of the statute provided that either party to the insurance contract could demand arbitration, if it was allowed in the policy.  This is up on appeal, but my case is being referred to the Court of Appeals mediation, so it may not continue.  However, I feel that this issue is going to be something that is going to be addressed ultimately on appeal.  We need to make sure we are ready to address it and the legislative history that spawned the UM/UIM statutory provisions regarding the choice of arbitration and trial.

Comments

  • 12 Dec 2012 8:34 AM | Deleted user
    There is a good article in For The Defense (June 2012; p. 27 entitled "A One Year Retrospective") on arbitration. Although it does not specifically deal with UM/UIM, it evaluates the application of ATT Mobility v Concepcion 131 S.Ct. 1740 (2011) and the Federal Arbitration Act in state court.
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