Broton v. Western National Mutual Insurance Co.

OPINION

POPOVICH, Chief Judge.

This is a declaratory action seeking a determination of the effect of the 1985 legislative amendment to the No-Fault Automobile Insurance Act regarding underinsured motorist benefits. On cross-motions for summary judgment, the trial court ordered appellant to arbitrate respondent’s claim for underinsured motorist benefits. We affirm.

FACTS

On March 31, 1986, John Bausman drove his father’s car through a stop sign and struck another car. John Broton, a passenger in the Bausman car, was severely injured.

The Bausman vehicle was insured by appellant Western National…