Allstate Insurance Company v. Michael B. Gammon

OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal poses two questions for adjudication. First, was the insurance company plaintiff entitled to a judicial, as opposed to an arbitrator’s, determination whether a claimant is a “person insured” under a particular automobile insurance policy. Second, if the company has a right to a judicial determination of this question, did the United States District Court have jurisdiction to make that determination. 1 Because we answer both questions in the affirmative, we will affirm.

I

On December 27, 1985, Michael B. Gammon was injured when an automobile…