Banner Casualty Co. v. Fox

Part of the legislative design of the "no-fault” auto liability statute (Insurance Law, § 670 et seq.) traces the removal of certain motor vehicle accident cases from the courthouse. To the extent that design is clear, cases which cannot enter through the front door should find the back door locked as well. The disputative key is arbitration.

After Ruth Fox was injured in an auto accident, she filed for first-party benefits under the "no-fault” law with Banner Casualty Company. First-party benefits are available to an auto accident victim from the insurer of the victim’s own car regardless of…