In Re Jennifer Radil, Cross-Claim Plaintiff v. National Union Fire Insurance Company of Pittsburg, Pa., Cross-Claim…

Summary

The court held that National Union's follow-form endorsement incorporated the primary insurer's UM/UIM arbitration clause because the endorsement neither defined the endorsed coverage nor expressly disclaimed particular terms or conditions. It also held that the trial court, rather than the arbitration panel, must decide whether Radil waived arbitration through prior litigation because the arbitration clause did not clearly assign that issue to the arbitrator. Justice EID, joined by Justice COATS, concurred in part and dissented in part, concluding that the endorsement did not incorporate the arbitration clause but agreeing that a court should decide litigation-based waiver.