Johnson v. Fireman's Fund Insurance Co.

I agree with majority’s conclusion that “[w]e have no occasion to determine in this case whether plaintiff could have been required to submit her claim to arbitration if she did not wish to do so.” I concur specially because of other language in the opinion.

The balance of this opinion responds to issues raised in the dissent.

I. Policy toward arbitration. The dissent suggests this jurisdiction has a longstanding hostility to the process of arbitration which should be cast aside for a more “modern” and enlightened view that would enable us to declare this arbitration provision valid and…