Cavalier Insurance Corp. v. Osment

OPINION

HARBISON, Justice.

The issue presented in this case is whether an insured may demand arbitration with his uninsured motorist insurance carrier, when the insured has been unable, after diligent efforts, to obtain personal service of process upon the uninsured motorist.

The essential facts of the case are stipulated. Appellee, Cathy V. Osment, was injured in an automobile accident in Shelby County on February 21,1971. Her automobile was struck by a vehicle being operated by Patricia Taylor McCullar, a nonresident of Tennessee.

Appellant, Cavalier Insurance Corporation, was the liability…