Kelley v. Citizens Mutual Insurance

This ease deals with an insurance company’s waiver of arbitration and a resulting denial of due process to it on a claim of liability under its auto liability policy’s uninsured motorist provision.

The facts giving rise to the initial action and the present appeal are detailed in the earlier case of Kelley v. Citizens Mutual Insurance Company (1969), 19 Mich App 177. To briefly summarize: plaintiff was involved in an accident with an uninsured motorist. Plaintiff filed a claim with the defendant and, when it denied his claim, he requested arbitration as provided in the policy under the…