Section 111D. A policy of motor vehicle liability insurance issued under subdivision (b) of clause Sixth of section forty-seven, or an endorsement or rider attached thereto, may provide for the payment of all sums which the insured or his legal representative shall be legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle because of bodily injury, sickness or disease, including death resulting therefrom, sustained by the insured, caused by accident and arising out of the ownership, maintenance or use of such uninsured motor vehicle. Such policy or endorsement or rider shall provide that determination as to whether the insured or his legal representative is legally entitled to recover such damages, and if so the amount thereof, shall be made by agreement between the insured or such representative and the insurer or, if they fail to agree, by arbitration. The provisions of section one hundred and eight shall not apply to any such policy or endorsement or rider providing for the payment of the sums permitted by this section.
Notes of Decisions
Beals v. Com. Union Ins., 808 N.E.2d 824 (Mass. App. Ct. 2004).
· cites it 3× “In May, 1994, Beals brought a complaint against Commercial pursuant to G. L. c. 175, § 111D, requesting arbitration on her claim for underinsurance benefits.”
Bolman v. Plymouth Rock Assurance Corp., 971 N.E.2d 300 (Mass. App. Ct. 2012).
· cites it 4× “First, whether preaward interest is authorized by the Plymouth Rock policy and by Massachusetts law as part of the arbitration award.”
Johnson v. Travelers Indem. Co., 269 N.E.2d 700 (Mass. 1971).
“438, § 2, inserting G. L. c. 175, § 111D, which has not been explicitly amended or repealed.”
Arbit Chiropractic v. Com. Ins., 2001 Mass. App. Div. 208 (Mass. Dist. Ct., App. Div. 2001).
“Both the standard automobile policy and G.L.c. 175, §111D provide that when, as in the instant case, the UM insurer and the insured cannot agree on those damages, the issue shall be submitted to arbitration.”
Aetna Cas. & Sur. Co. v. Faris, 536 N.E.2d 1097 (Mass. App. Ct. 1989).
“Certainly an arbitrator, with the power under G. L. c. 251, § 7, to subpoena witnesses and documents, would be competent to resolve the factual issues involved in the claim for underinsurance benefits under the Aetna policy: whether James Faris was negligent and, if so, *197…”
Allstate Ins. v. Harris, 532 N.E.2d 709 (Mass. App. Ct. 1989).
“The statute governing here, G. L. c. 175, § 111D, inserted by St. 1959, c.”
Scott v. Com. Ins., 816 N.E.2d 1224 (Mass. App. Ct. 2004).
“, $38,000), any action by Scott to confirm the award was moot. 8 As stated, the arbitration resolved the liability issue (in favor of Scott) and assessed the amount of damages for which the unidentified hit-and-run driver would have been liable (i.”
White v. Saf. Ins., 843 N.E.2d 82 (Mass. App. Ct. 2006).
· cites it 3× “3 The plaintiff sought to have these claims arbitrated pursuant to the policy’s arbitration clause, the content of which is prescribed by G. L. c. 175, § 111D. 4 The arbitration clause states, in relevant part, as follows: *609 “The determination as to whether an injured person…”
Johnson v. Lapan, 2010 Mass. App. Div. 55 (Mass. Dist. Ct., App. Div. 2010).
“See G.L.c. 175, §111D (when uninsured motorist insurer and claimant cannot agree as to damages, the issue “shall” be submitted to arbitration).”
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