Miller v. Aetna Life & Casualty Co.

Patricia A. Miller appeals summary judgment orders dismissing her lawsuit against Aetna Life & Casualty Company. She contends Aetna should be compelled to arbitrate damages under her underinsured motorist coverage. We remand for further proceedings.

There are no disputed facts. On or about March 5, 1988, Ms. Miller's spouse, Lloyd Miller, was struck and killed by a motor vehicle owned and operated by Distribution Trucking. At the time of the accident, Millers were insured under a personal automobile policy written by Aetna. Their policy provided underinsured motorist coverage. Excluded from…