Zirger v. General Accident Insurance

The opinion of the Court was delivered by

STEIN, J.

The critical issue posed by this appeal is whether plaintiffs damages verdict against a third-party tortfeasor, awarded after a jury trial, collaterally estops General Accident Insurance Company (General Accident) from enforcing the arbitration clause included in the underinsured motorist (UIM) endorsement of plaintiffs automobile insurance policy. General Accident concedes that it knew of plaintiffs intention to proceed to a jury verdict on damages. The trial court granted plaintiffs motion for summary judgment, observing that General…