[Download] "Worldwide Insurance Group v. Ruth D. Klopp" by Supreme Court of Delaware " eBook PDF Kindle ePub Free
eBook details
- Title: Worldwide Insurance Group v. Ruth D. Klopp
- Author : Supreme Court of Delaware
- Release Date : January 16, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
WALSH, Justice: In this appeal, we are called upon to decide whether an arbitration provision in an automobile insurance policy is void as
against public policy. The provision in question permits either party to demand a trial de novo from an uninsured/underinsured
arbitrators' decision only if the amount of the arbitrators' award exceeds state financial responsibility limits. The appellant,
Worldwide Insurance Group (Worldwide), appeals from a decision of the Chancery Court granting the appellee's, Ruth Klopp's
("Klopp"), motion for entry of judgment based on the arbitration award. Worldwide contends that the policy provision permitting
appeal de novo is not unconscionable or contrary to public policy. We hold that this provision, which permits either party
to demand trial de novo from the uninsured/underinsured arbitrators' decision only if the arbitrators' award exceeds the financial
responsibility limits of the State of Delaware, is contrary to the public policy of this State and thus unenforceable. Accordingly,
we affirm the decision of the Court of Chancery.