An arbitration award does not collaterally estop a plaintiff from obtaining underinsured motorist benefits, the Pennsylvania Superior Court has ruled.
A unanimous three-judge panel issued a memorandum April 18 in Fernandez v. Erie Insurance Group finding that Bridget Fernandez can pursue UIM benefits above and beyond the amount assigned in arbitration because the arbitration agreement did not make clear the limit of the arbitrator’s jurisdiction. A jury must settle the jurisdictional ambiguity, the panel said in reversing the trial court’s ruling and remanding the case.
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