Kent County Circuit Court; Docket No. 93-84423-CK;
Judge Robert A. Benson; Unpublished
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Private Contract (Meaning and Intent)
Revised Judicature Act – Arbitration (MCL 600.5001, et seq.)
Uninsured Motorist Benefits: Arbitration of Uninsured Motorist Claims
CASE SUMMARY:
In this Opinion from the bench dealing with uninsured motorist contract interpretation, Judge Benson ruled that an insurance company who requires arbitration of uninsured motorist claims cannot utilize clauses in the uninsured motorist policy permitting the insurance company to void any arbitration award in excess of ,$20,000 if the company so elects.
In prohibiting this procedure, Judge Benson stated:
"The court thinks that this arbitration clause, as worded, is violative of the Michigan statute on arbitration, and for that reason has to fall The Michigan Arbitration Statute, which is MCLA 600.5001(2) provides for what we call statutory arbitration, and it says, in applicable part, that any such agreement... shall be valid, enforceable and irrevocable. And I emphasize the word' irrevocable."... The Florida statute... is significantly different... Michigan says if you go to arbitration it's binding. If you don't want to go to arbitration you exempt it.... The Michigan statute does not allow for non-binding arbitration. It allows for not going to arbitration. It allows, for not submitting issues to arbitration. It does not say that you can have non-binding arbitration. I think once you get an award, unless there is fraud on the part of the arbitrators, unless they obviously exceeded their authority under the arbitration agreement and certain other things, we're bound by it. . . . "
Subsequently, Judge Benson held that plaintiff was entitled to pre-judgment and post-judgment interest calculated on the judgment rather than the policy limits.
