Huizar v. Allstate Insurance Co.

The issue presented by this case is whether a trial de novo clause in an uninsured motorist provision of an automobile insurance policy violates public policy.1 The trial de novo clause allows the insured or insurer to demand a trial on the merits after arbitration when the amount awarded in the arbitration proceeding exceeds a specified limit. The trial court ruled that the trial de novo clause was unenforceable. The court of appeals reversed the judgment. See Huizar v. Allstate Ins. Co., 932 P.2d 839 (Colo.App.1996). We closely scrutinize the effect of the trial de novo clause for…