Miles v. Aetna Casualty & Surety Co.

The plaintiff appeals from the summary judgment entered in the Superior Court which barred her from proceeding against the defendant, Aetna Casualty and Surety Company (Aetna), on an underinsured motorist claim. In her action, the plaintiff sought an order compelling Aetna to submit to arbitration to resolve her claim of under-insurance coverage. G. L. c. 251 (1990 ed.). Aetna moved for summary judgment claiming issue preclusion, among other defenses. The judge granted the motion on the ground that a previous arbitration decision barred the plaintiffs action on the principles of res judicata.…