Originally from Dispute Resolution Journal

Preview Page

UNINSURED MOTORIST AWARD — INFANT CLAIM — FLORIDA

Sixteen year old claimant who had instituted arbitration proceedings against insurer under uninsured motorist endorsement, could not disclaim the arbitral award denying his claim by asserting the defense of infancy. Court dismissed insured's complaint Fernandez v. Orange County Mutual Casualty Co., 224 So. 2d 724 (Fla. App. 1969).

ARBITRABILITY OF UNINSURED MOTORIST CLAIM — FUTURE DISPUTE — INDIANA LAW

Court held that provision in insurance policy requiring submission to arbitration of issues of liability and damages, with reference to uninsured motorist claims, was against the public policy of Indiana and not enforceable under the laws of the State. The court further held that to treat the arbitration clause of the uninsured motorist endorsement as a condition precedent to maintenance of a lawsuit would be to require a futile or "useless act" in that Indiana law precludes enforcement of a contractual provision requiring submissions of future disputes to binding arbitration and the court would therefore have to review the decision of the arbitrator. In rendering its opinion the court distinguished this case from one involving a construction contract wherein submission of certain disputes to an architect was held to be a valid condition precedent to court action and from insurance cases where the contract called for arbitration only to determine amounts to be paid under the policy as a condition precedent to court action.

Lerma v. Allstate Ins. Co., 301 F. Supp. 361 (N.D. Ind. 1968).