Nelson v. Country Mutual Insurance Company

(Court opinion corrected 11/3/14.) After bench trial, court entered judgment for insurer of Plaintiff driver's employer. Plaintiff had made underinsured motorist claim against employer's insurer, for car accident which occurred while he was driving company van. Plaintiff collected $90,000 from other driver's underinsured motorist coverage. Pursuant to policy, employer's insurer, which then filed action for setoffs, had right to reject arbitration award, and had every right to proceed to only remedy available pursuant to that rejection to resolve matter: trial de novo. It is irrelevant that there is no specific language in the policy ordering a trial de novo as a remedy upon rejection. (HOWSE and TAYLOR, concurring.)