Graham v. State Farm Mutual Automobile Insurance

WALSH, Justice:

In this appeal, we are called upon to decide whether a mandatory binding arbitration clause in an automobile insurance policy is enforceable over the objection of the insured. The plaintiffs, George and Mary Jane Graham (the “Grahams”), appeal from a decision of the Superior Court granting the defendant-insurer’s motion for summary judgment. The Grahams object to the enforcement of the arbitration clause on both statutory and constitutional grounds. Specifically, they contend that because 18 Del. C. § 3902 does not explicitly endorse the resolution of uninsured motorist claim…