This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Focus (Forum & Focus)

Jul. 27, 2007

Motorist Damages

Focus Column - Stephen P. Robinson - Two recent auto-insurance cases demonstrate deeply flawed jurisprudence.

FOCUS COLUMN

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...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up