UP argued that the policy at issue contained a compulsory arbitration clause which Insurance Company ignored, forcing insured to incur expenses for litigation as well as loss of time. Under these circumstances, damages for breach of contract are insufficient. Only a tort rationale will provide compensation for the consequential damages suffered by the policyholder.
Old United Insurance Company, dba Vantage Casualty Company vs. Buhrman, Don
Year
2005
Court
California Court of Appeal, 4th District, Division 2
Case Number
E039995
Issue
- Arbitration
- Tort Damages
State
- California