Focus (Forum & Focus)
Jul. 27, 2007
Motorist Damages
Focus Column - Stephen P. Robinson - Two recent auto-insurance cases demonstrate deeply flawed jurisprudence.
By Stephen P. Robinson
Insurance Code Section 11580.29(f) provides that the arbitrator shall determine whether "the insured" is "legally entitled to recover damages" for bodily injury from the uninsured or underinsured motorist and, if so, "the amount thereof." The remaining issues are to be decided by the court under a "narrow" arbitration agreement.
Since the statute's enac...
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