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KLIMEK v. HORACE MANN INS. CO.

No. 292, Docket 93-7326.

14 F.3d 185 (1994)

Bernard KLIMEK and Deborah Klimek, Plaintiffs-Appellants, v. HORACE MANN INSURANCE CO., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 20, 1994.

Attorney(s) appearing for the Case

William P. Neylon, St. Johnsbury, VT (James Torrisi, Swainbank, Morrissette & Neylon, of counsel), for plaintiffs-appellants.

Thomas E. McCormick, Burlington, VT (Daniel L. Burchard and George A. Michak, McCormick, Fitzpatrick & Mertz, of counsel), for defendant-appellee.

Before: MESKILL, KEARSE and WINTER, Circuit Judges.

MESKILL, Circuit Judge:

The principal issue in this appeal is whether an insured who has settled with and released a fully insured tortfeasor without the consent of her underinsured motorist insurance carrier has thereby jeopardized the carrier's subrogation rights so as to entitle the carrier to refuse the insured's request for benefits without submitting to arbitration. The plaintiffs, Deborah Klimek and her husband, Bernard Klimek, appeal from a judgment entered...

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