Insurance,
Alternative Dispute Resolution
Jun. 12, 2023
The arbitrator has a right under the law to award judgment over and above UM/UIM policy limits
In most cases you should file a motion to prevent the policy limits from being mentioned in the brief to the Arbitrator. I strongly suggest that you file the motion and send it to the Arbitrator prior to the hearing and notify the defense counsel that until the Judge rules on the issue that you demand that he/she does not mention the limits to the Arbitrator.
Albert Abkarian
Litigation Attorney
Abkarian & Associates, APC.
3827 Ocean View Blvd.
Montrose , CA 91020
Phone: (818) 248-8555
Fax: (818) 248-8555
Email: Albert@Abkarianlaw.com
Whittier College SOL; CA
There has been much discussion about the Arbitrator’s power to award a verdict in excess of the UM policy limits. The insurance companies have argued improperly that an Arbitrator cannot award in excess of the insured’s policy limits in an arbitration. The case law and statute do not support this. Arbitrators can award a verdict over and above the policy limits if the policy limit is not offered prior to the arbitration of the case. However, the Arbitrator cannot enf...
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