Is the provision that requires arbitration and then permits appeal by either party void as unconscionable? Ruth

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Is the provision that requires arbitration and then permits appeal by either party void as unconscionable?

Ruth Klopp had auto insurance with Worldwide. She was injured in a serious accident that left her with permanent neck and back injuries. The other driver was uninsured, so Klopp filed a claim with Worldwide under her “uninsured motorist” coverage. Her policy required arbitration of such a claim, and the arbitrators awarded Klopp $90,000. But the policy also stated that if the arbitrators awarded more than the statutory minimum amount of insurance ($15,000), either side could appeal the award and request a full trial. Worldwide appealed and demanded a trial.
In the trial court, Klopp claimed that the appeal provision was unconscionable and void. The trial court agreed and entered judgment for the full $90,000. Worldwide appealed.

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Business Law and the Legal Environment

ISBN: 978-1111530600

6th Edition

Authors: Jeffrey F. Beatty, Susan S. Samuelson, Dean A. Bredeson

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