 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Scott v. Commerce Insurance Co.11/3/2004
Suffolk.
June 1, 2004.
Arbitration, Authority of arbitrator, Damages, Award. Contract, Insurance. Insurance, Motor vehicle personal injury protection benefits, Uninsured motorist.
Civil action commenced in the Superior Court Department on August 15, 2002.
The case was heard by Patrick J. King, J., on motions for judgment on the pleadings.
Commerce Insurance Company (Commerce) appeals a Superior Court judgment that confirmed an arbitration award in favor of its insured, Charles Scott. We conclude it was error to confirm the award and reverse the judgment entered below to that effect.
1. Background
On the evening of May 14, 2000, Scott had been jogging in the vicinity of Franklin Park in Boston when he was struck by an unidentified motor vehicle. Apart from his serious injuries, he also incurred medical expenses in excess of $88,000. On June 14, 2000, Scott made claim under his automobile insurance policy issued by Commerce, and sought recovery of personal injury protection (PIP) and uninsured motorist benefits (G. L. c. 175, ยง 113L), as well as medical payments arising from the incident.
Upon investigation, Commerce found reason to doubt the veracity of Scott's account of the incident, and denied his insurance claim. Because Scott apparently made statements after his hospitalization, which indicated he had been a victim of a violent assault and battery, Commerce was of a view that Scott had changed his story once he was made aware there would be no recovery in the absence of a motor vehicle accident. With the parties at an impasse as to liability, they referred this dispute to an arbitrator, a procedure that was mandated by the insurance contract.
a. Arbitration
By written agreement dated August 31, 2001, Scott and Commerce agreed to use the services of a retired judge as the arbitrator. The key issue before the arbitrator was that of liability. Scott maintained he had been the victim of a hit and run motor vehicle accident. In casting doubt as to that claim, Commerce pointed to Scott's own statements, made soon after the event, suggesting (as mentioned above) he had been injured as a result of an assault and robbery.
An arbitration proceeding was held on August 31, 2001. On all the evidence, the arbitrator determined Scott had been "struck by an unidentified motor vehicle after jogging in Franklin Park sometime around midnight on May 14, 2000." The arbitrator found it credible that Scott went out jogging at that late hour to relieve stress resulting from a recent death in his family. Also, the arbitrator deemed it "understandable" that Scott may have initially believed he had been robbed, in light of his injuries and the fact that his money and personal effects were missing. The arbitrator concluded Scott's inconsistent and confused accounts of the events were the product of his trauma and medication. The arbitrator determined Scott was entitled to recover from the hit-and-run driver damages in the amount of $112,600. The parties do not suggest the arbitration decision was anything but final as to the dispute at hand.
After the arbitrator announced his decision and rendered his award, Commerce tendered to Scott's counsel separate checks for payment of insurance benefits amounting to $38,000, the sum total of its liability based on the contract's policy limits. Scott's counsel followed this up with a written demand of Commerce to pay the entire arbitration award, a request that apparently went unheeded.
b. Superior Court Proceedings
Nearly one year after the arbitration had concluded, Scott commenced an action in Superior
Page 1 2 3 Massachusetts Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|