(DOWNLOAD) "George Graham and Mary Jane Graham v." by Supreme Court of Delaware " Book PDF Kindle ePub Free
eBook details
- Title: George Graham and Mary Jane Graham v.
- Author : Supreme Court of Delaware
- Release Date : January 16, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Walsh, Justice In this appeal, we are called upon to decide whether a mandatory binding arbitration clause in an automobile
insurance policy is enforceable over the objection on the insured. The plaintiffs, George and Mary Jane Graham (the "Grahams"),
appeal from a decision of the Superior Court granting the defendant-insurer's motion for summary judgment. The Grahams object
to the enforcement of the arbitration clause on both statutory and constitutional grounds. Specifically, they contend that
because 18 Del.C. § 3902 does not explicitly endorse the resolution of uninsured motorist claim disputes through
the arbitral mechanism, an insured may not be compelled by contractual language to submit to arbitration. The Grahams further
argue that enforcement of the arbitration clause would deprive them of the right to trial by jury preserved in Article I,
§ 4 of the Delaware Constitution. We find no merit in either contention. Accordingly, we hold that the arbitration
clause is enforceable and affirm the judgment of the Superior Court. I