Suzanne Walker's policy with Libery Mutual gave her up to $100,000 in supplementary uninsured/underinsured motorist (SUM) coverage--if she got into an accident with an uninsured or underinsured driver.
When she was later hit by an underinsured motorist, Walker sued the driver and Verizon--which had a truck parked in the area. But before she could accept a $675,000 settlement from them, Walker had to get Liberty Mutual's approval.
Because its consent was conditioned upon Walker waiving any claim she had against her own insurer, she asked to arbitrate the dispute. And after the Richmond County Supreme Court denied that request, she appealed.
Since she was receiving well in excess of her coverage limit, and no additional monies were recoverable from Liberty, the Appellate Division, Second Department, also thought there was nothing to arbitrate.
That about sums that up.
To view a copy of the Appellate Division's opinion, please use this link: In the Matter of Liberty Mutual Insurance Company v. Walker