REVIEW OF COURT DECISIONS - Dispute Resolution Journal - Vol. 22, No. 4
Originally from Dispute Resolution Journal
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This review covers decisions in commercial, labor-management and accident claims cases, arranged under four headings: I. The Arbitration Clause and the Arbitrable Issue; II. The Enforcement of Arbitration Agreements; III. The Arbitrator and the Proceedings; and IV. The Award.
I. THE ARBITRATION CLAUSE AND THE ARBITRABLE ISSUE
UNINSURED MOTORIST — SET-OFF BY MEDICAL PAYMENTS RECOVERY ALLOWED — ARKANSAS
Where insurance policy provided for uninsured motorist coverage in a minimum amount governed by the applicable Arkansas statute, as well as for medical payments, the policy provision that medical payments might be deducted from the uninsured motorist recovery was not contrary to Arkansas law. The court divided the $17,000 deposited into the court's registry. $20,000 minimum for an accident involving more than one claimant minus $3,000 already paid for medical payments, among the three victims of the accident and gave the insurance company a judgment on the pleadings.
Robey v. Northwestern Sec. Ins. Co., 270 F.Supp. 466 (W.D. Ark. 1967).