Legal Opinion
Ohio Casualty Insurance v. Benson
Supreme Court of New Jersey
Decided July 23, 1981PublishedCited by 31 opinions
1Opinion of the Court
The opinion of the Court was delivered by
*193POLLOCK, J.
The sole issue is whether, under the arbitration clause of an uninsured motorist endorsement, the question of the existence of a “phantom” hit and run driver should be decided by a court, as a preliminary matter, or by an arbitrator.
We hold that, under the policy in this case, the issue is not a question for the court, but one, together with issues of negligence and damages, for the arbitrator.
I
On December 7, 1977, a car driven by defendant, Cornell Benson, went off the road and crashed into a tree. Benson filed a claim for benefits under…
2Cases cited38 opinions
- Allen v. Metropolitan Life InsuranceSupreme Court of New Jersey · 1965
- Flood v. Country Mutual InsuranceIllinois Supreme Court · 1968
- Barcon Associates, Inc. v. Tri-County Asphalt Corp.Supreme Court of New Jersey · 1981
- Butler v. Bonner & Barnewall, Inc.Supreme Court of New Jersey · 1970
- National Grange Mutual Insurance v. KuhnSupreme Court of Pennsylvania · 1968
33 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Garfinkel v. Morristown Obstetrics & Gynecology Associates, P.A.Supreme Court of New Jersey · 2001
- Zirger v. General Accident InsuranceSupreme Court of New Jersey · 1996
- Kalman Floor Co., Inc. v. Jos. L. Muscarelle, Inc.New Jersey Superior Court Appellate Division · 1984
- Parks v. Colonial Penn InsuranceSupreme Court of New Jersey · 1984
- Epix v. MARSH & McLENNAN COMPANIESNew Jersey Superior Court Appellate Division · 2009
26 more not listed; retrieve them via the Exa API.