Phoenix Insurance Co. v. Rosen

This case presents question as to whether trial court properly dismissed defendant-insured's counterclaim for confirmation of arbitration award in action by plaintiff-ins. co. seeking jury trial on issue as to amount of money owed to defendant on defendant's claim for damages under terms of underinsured motorist provisions of policy where defendant had previously been awarded $382,500 on said claim by arbitrator. Appellate Court, in reversing instant dismissal, found that trial de novo clause in underinsured motorist provision that allowed plaintiff to file instant action was void as being against public policy supporting arbitration of claims.