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STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v VOORHEES Click to find out why . . .



Keywords & Phrases
CaseNo: 4FA-98-940 CIVIL, CourtCode: SU, CourtName: Superior Court, Defendant: , District: Fourth, JudgeName: Mary Greene, Plaintiff: STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., State: AK Alaska, UniqueCaseRef: AK>SU>4FA-98-940CIVIL, State Farm, Uninsured Motorists, Voorhees, Policy, Alaska, Coverage, Insurance, Arbitration, Statutes, Vehicle, Summary Judgment, Language, Unknown Vehicle, Declaratory Judgment Action, Statutory, Truck, Farm Mutual Automobile, Legislature, Windshield, Uninsured Motorist Claim, Superior Court, Motor Vehicle, State Farm Argues, Underinsured Motorist Insurance, Interpretation, Negligence, Catherine, Counterclaim Foregoing Jurisdiction , ContentID: 120239540

Case Documents
1 1999-02-01 MEMORANDUM DECISION AND ORDER
[ see first page and extracted highlights below  ] ItemID: 100043
13 pages
HTML
Total Documents: 1 document , 13 pages
Price: $ 19.95


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1 . MEMORANDUM DECISION AND ORDER

EXTRACTED KEY WORDS
UNINSURED MOTORISTS
VOORHEES
POLICY
ALASKA
COVERAGE
COURT
INSURANCE
ARBITRATION
STATUTES
VEHICLE
SUMMARY JUDGMENT
LANGUAGE
UNKNOWN VEHICLE
DECLARATORY JUDGMENT ACTION
STATUTORY
TRUCK
FARM MUTUAL AUTOMOBILE
LEGISLATURE
WINDSHIELD
UNINSURED MOTORIST CLAIM
SUPERIOR COURT
MOTOR VEHICLE
STATE FARM ARGUES
UNDERINSURED MOTORIST INSURANCE
INTERPRETATION
NEGLIGENCE
PLAINTIFF
CATHERINE
COUNTERCLAIM FOREGOING JURISDICTION

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

FOURTH JUDICIAL DISTRICT

STATE FARM MUTUAL AUTOMOBILE

INSURANCE COMPANY, Plaintiff,

vs.
CATHERINE T. VOORHEES, Defendant.

Case No. 4FA-98-940 Civil

MEMORANDUM DECISION AND ORDER

Plaintiff, State Farm Mutual Automobile Insurance Company, requests summary judgment in this
ant, Catherine T. Voorhees, asks for summary judgment on her counterclaim foregoing jurisdiction

The Alaska legislature has chosen to give the Superior Court jurisdiction in declaratory judgment
 a policy of this state just as does the judicial policy of encouraging arbitration. The court must

The fundamental issue in this action requires the court to determine the meaning of the Voorhees's
uirements. The court concludes that the policy language is not broader than the statute. The court
ning of that language.

I. FACTS

While Voorhees was operating her car on May 30, 1997, an object struck and cracked her windshield.
 thrown up from the roadway by a semi-trailer passing in the opposite direction or a bullet coming
ld have been a metal part from the passing truck. Voorhees claims that the impact and sudden noise
l. Exh. A. She has sought medical payment benefits under Coverage C and uninsured motorist benefits
SNIPPETS:
  • Plaintiff, State Farm Mutual Automobile Insurance Company, requests summary judgment in this
  • Defendant, Catherine T. Voorhees, asks for summary judgment on her counterclaim foregoing
  • The Alaska legislature has chosen to give the Superior Court jurisdiction in declaratory
  • That grant illustrates a policy of this state just as does the judicial policy of encouraging
  • The fundamental issue in this action requires the court to determine the meaning of the
  • The court gives guidance to the arbitrators regarding the meaning of that language.
  • State Farm argues that the object was likely a rock thrown up from the roadway by a
  • Voorhees believes the object could have been a metal part from the passing truck.
  • State Farm does not dispute that the object made a loud noise upon impact with the windshield
  • This does not disprove the possibility of a rock, because the truck may have crossed an
  • As with other contracts, construction of an insurance contract is a matter of law for the
  • Basically, State Farm argues there can be no uninsured motorist claim under the policy and
  • State Farm also argues there could be no liability on the part of the uninsured motorist,
  • When a clause in an insurance policy is authorized or required by statute, it should be
  • We will pay damages for bodily injury and property damage an insured is legally entitled to
  • A. Widiss, Uninsured and Underinsured Motorist Insurance 24.4, at 277 (1990 & Supp.
  • There are two primary requirements for uninsured motorist coverage of a "hit-and-run"
  • he trial court held that Nationwide had not waived its right to arbitrate the underlying
  •    |