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 coverage differently nor expressly disclaimed particular underlying terms. It also held that National Union's litigation-based waiver defense must be decided by the trial court, not the arbitration panel, because the arbitration clause was limited to disputes over entitlement to or the amount of UM/UIM damages. The court therefore affirmed the order compelling arbitration, reversed the order assigning waiver to the arbitrators, and remanded. Justice Eid, joined by Justice Coats, concurred in the waiver ruling but dissented from the conclusion that the endorsement incorporated the arbitration clause.