Continental Insurance v. Equity Residential Properties Trust

Andrews, Presiding Judge.

Equity Residential Properties Trust (Equity) sued its insurer, the Continental Insurance Company (Continental), claiming Continental breached the terms of the insurance policy issued to Equity and failed to pay amounts due under the policy. Relying on an arbitration agreement in the policy, Continental moved to compel arbitration of the dispute and for a stay of the suit. The Fulton County Superior Court denied the motion finding that OCGA § 9-9-2 (c) (3) of the Georgia Arbitration Code invalidated the arbitration agreement in the insurance policy. Continental brought…