Review of Court Decisions - Dispute Resolution Journal - Vol. 23, 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 ARBITRABILITY OF COVERAGE QUESTIONS — UNINSURED MOTORIST ENDORSEMENT —• ILLINOIS
Question of whether decedent was covered under uninsured motorist endorsement under father's liability policy was for court not arbitrator. Reversing lower court. Supreme Court held that endorsement limited arbitrator to determining liability and damages and that all coverage issues were to be judicially determined. Fact that arbitrator had already ruled that issues were arbitrable did not preclude court from enjoining proceedings pending judicial determination of coverage issues.
Flood v. Mutual Ins. Co., 87 Automobile Law Reports, ?6035, Oct. 11, 1968.