Facts

David Paturel filed a petition against State Farm Insurance seeking to confirm an underinsured motorist arbitration award.

PETITIONER'S CONTENTIONS:
Petitioner carried an umbrella underinsured motorist coverage with respondent. He was involved in a motor vehicle accident on April 5, 2013. He exhausted his underinsured motorist policy limit of $15,000 and the underlying motorist bodily injury policy of $85,000 for a total recovery of $100,000. He subsequently filed an uninsured motorist claim, seeking the $1 million policy limits under the umbrella policy, which respondent disputed. Their dispute proceeded to arbitration, which ultimately resulted in a $693,666 in favor of petitioner. Petitioner then filed this instant petition to confirm the arbitration award.

RESPONDENT'S CONTENTIONS:
Respondent claimed it was entitled to a $5,000 medical payment setoff.

Result

The court granted Paturel's motion to confirm the award and, in accordance with the arbitration award, which states that the award may be reduced for "appropriate credits and offsets," determined that State Farm was entitled to an offset of $105,000, and the award was reduced to $588,666.

Other Information

FILING DATE: March 22, 2016.