Carrier v. Hicks

Plaintiff appeals a summary judgment for defendants, arguing that the arbitration award between him and his insurer did not preclude an action against defendants, the tortfeasors. We reverse.

The facts are not disputed. Plaintiff was injured in a car accident. The driver of the other vehicle, Morgan, had liability coverage of $50,000 that was divided among the injured parties, with plaintiff receiving $23,000. Plaintiff then made a claim with his own insurer, Farmers Insurance Company, under his underinsured motorist coverage, which was up to $250,000. Plaintiff and Farmers arbitrated, and the…