Insurance Co. of North America v. Strothers

GREENBERG, J.,

Defendant, Eloise Strothers, was severely injured when she was struck by an uninsured motor vehicle while a pedestrian. At the time of the accident, defendant’s husband had in effect two separate automobile insurance policies issued by plaintiff. These pobcies provide for the arbitration of “only the question or questions of legal liability and/or damages that are *430in dispute” under the uninsured motorist provision. Each policy also contains an “other insurance” clause that requires the insured, if he carries other auto insurance with plaintiff covering the same loss, to elect…