Whitaker v. Citizens Insurance Co. of America

Defendant appeals by leave granted from the circuit court’s order disqualifying attorney Lee A. Halsey and all attorneys, agents, employees, or others who receive remuneration from defendant as arbitrators in plaintiff’s claim against defendant for uninsured motorist protection benefits. We reverse.

Plaintiff was struck and injured by a hit-and-run motorist. At the time of the accident, she was insured by defendant. The parties’ insurance contract provided:

Arbitration. If any person making claim hereunder and the Company:

1. Do not agree that such a person is legally entitled to recover damages…