Hamby v. Williams

STEELMAN, Judge.

Where the underinsured motorists provision of an automobile insurance policy provides for payment of “compensatory damages” and the arbitration award defers the issue of prejudgment interest to the trial court, the trial court erred in refusing to award plaintiff prejudgment interest on the amount of the arbitration award.

I. Factual and Procedural Background

Benji Hamby (plaintiff) filed this action on 17 May 20.06 to recover monetary damages for bodily injuries suffered in an automobile accident that occurred in the course and scope of his employment on 22 May 2003. Defendant…