Findlay v. Economy Premier Assurance Company

Filing 18

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)

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