Murtaugh v. American States Insurance

I agree with the majority that the arbitration clause purports to make the arbitration contingent (but not necessarily a limitation) upon a “disagreement between any person making claim hereunder (Murtaugh) and the company as to either (1) the legal liability of the owner or operator of the uninsured automobile or (2) the amount of payment for damages owed by such owner or operator.”

At the trial upon the petition to confirm the arbitration award the defendant contended that it had admitted the legal liability of the uninsured motorist and the extent of money damages owed by such motorist.…