Order Reversed Due To Untimely Demand By Insurer

This one is short but sweet!

In this opinion, the policy of insurance contained a provision that required “[t]he request for arbitration must be filed within one (1) year of the date of loss or damage” but also that “[a]ny controversy or claim . . . arising out of or related to this policy . . . shall be referred to and settled by arbitration.” So, which is it?

Even though the insurer did not request arbitration within the one year deadline, it argued that since the policy restricted dispute resolution to arbitration, the time limit did not preclude arbitration. The trial court agreed with the insurer and referred the dispute to arbitration.

The 3rd DCA reversed this week, finding that the policy should have been read to require arbitration, but only if invoked by the insurer within one year from the date of loss. Words matter!

You can read more here: Raymond Erb vs. Chubb National Insurance Company, etc. Case No. 3D20-1694

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