In Re Jennifer Radil, Cross-Claim Plaintiff v. National Union Fire INS — Eid, J., Concurring in Part and Dissenting…

Summary

Justice Eid's separate opinion argues that a follow-form endorsement incorporates only the underlying policy terms that its language actually adopts, rather than automatically incorporating every term and condition, including an arbitration clause. She would read the endorsement as incorporating the underlying policy's coverage while leaving all other terms of the excess policy unchanged, and therefore would conclude that National Union did not agree to arbitrate. The opinion concurs that a court should decide whether litigation waived arbitration but would not reach waiver because no arbitration obligation existed.