The Hanover Insurance Company v. Kiva Lodge Condominium Owners' Association, Inc.

Summary

The court affirmed the order staying Kiva Lodge’s action pending arbitration. It held that the contract’s modified arbitration provisions allowed either party to elect arbitration and that the opposing party could not defeat that election by insisting on litigation. The court further held that the timeliness defense belonged to the arbitrator and that the circuit court acted within its discretion by staying Hanover’s contingent cross-claims.