Reed Armstrong Obtains Summary Judgment as to Effect of Arbitration Award

In September 2007, Reed Armstrong obtained a summary judgment for Allstate Insurance Company in Linton v. Allstate. Partner Michael J. Bedesky presented the motion. The issue was whether arbitrators should have applied Allstate's med pay setoff during arbitration of a UM claim. The setoff was not brought before the arbitrators, and Allstate sent the insured a check for the arbitration award less the med pay amount. The insured argued that Allstate waived its med pay setoff, but the court found that Allstate was in fact entitled to credit the med pay amount against the award, and did not waive the set off issue.
   
© 2002 Reed, Armstrong, Gorman, Mudge & Morrissey