Allstate Insurance Co. v. Elkins

Defendant Helen Elkins filed a claim under the uninsured motorist provision of her husband’s insurance policy for injuries sustained in an automobile accident caused by her husband’s negligent driving. Under the policy, all claims involving the uninsured motorist provision were to be submitted to an arbitrator.

While the arbitration proceeding was pending, plaintiff Allstate Insurance Company filed a suit for declaratory judgment, seeking an adjudication that interspousal immunity barred defendant from recovering. The trial court concurred with the arbitrator’s decision that had been rendered…