Findlay v. Economy Premier Assurance Company, No. 1:2011cv00434 - Document 18 (D. Idaho 2012)
Court Description: MEMORANDUM DECISION AND ORDER denying 14 Motion for Arbitration. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
Download PDF
<![CDATA[
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO JAMES FINDLAY, Case No. 1:11-cv-00434-BLW Plaintiff, v. MEMORANDUM DECISION AND ORDER ECONOMY PREMIER ASSURANCE COMPANY, a Rhode Island corporation; DOES I-V, unknown parties, Defendant. Before the Court is a motion to stay and compel arbitration filed by Plaintiff James Findlay. (Dkt. 14). Findlay moves to stay the litigation and compel arbitration because he desires to protect his contractual and statutory rights under Idaho law. Pl. s Br. at 1, Dkt. 14. Defendant Economy Premier Assurance opposes the motion, arguing that the insurance contract requires that both parties consent before the matter can be arbitrated, and Economy Premier does not consent. Economy Premier refers the Court to the arbitration provision contained in the insurance contract, which provides: Upon written consent of both parties, any disagreement will be settled by arbitration. Auto Insurance Policy at 12, Ex. A to Schroeder Aff., 15-1. Given this clear and unambiguous language requiring both parties MEMORANDUM DECISION AND ORDER - 1 consent and Economy Premier s representation that it does not consent, the Court must deny Findlay s motion to stay litigation and compel arbitration. ORDER IT IS ORDERED that Plaintiff s Demand for Arbitration (Dkt. 14) is DENIED. DATED: February 9, 2012 _________________________ B. Lynn Winmill Chief Judge United States District Court MEMORANDUM DECISION AND ORDER - 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
