Originally from Dispute Resolution Journal

Preview Page

Since the requirement in Florida that the uninsured motorist endorsement be included in automobile insurance policies,^ uninsured motorist claims have become increasingly numerous and more important, and the problems connected therewith more complex.

The typical endorsement reads: To pay all sums which the insured or his legal representative shall be legally entitled to recover as damages from the owner or operator of an uninsured automobile because of bodily injury, sickness or disease, including death resulting therefrom, hereinafter called "bodily injury," sustained by the insured, caused hy accident and arising out of the ownership, maintenance or use of such uninsured automobile; provided, for the purposes of this coverage, determination as to whether the insured or such representative is legally entitled to recover such damages, and if so the amount thereof, shall be made by agreement between the insured or such representative and the company or, if they fail to agree, by arbitration.

Because of the general language used in the endorsement, problems have arisen concerning coverage, wrongful death, medical pay, evidence, discovery, etc.