Foster v. Progressive Ins. Co.

KEOGH, J.,

The plaintiffs filed an appeal of this court’s October 7, 20101 order denying their petition to appoint third/neutral arbitrator and compel arbitration.

I.PROCEDURAL/FACTUAL HISTORY

1. Plaintiffs are seeking underinsured motorist benefits from Progressive Insurance Company as a result of injuries allegedly sustained in a March 14, 2003 motor vehicle accident. The deceased, George Foster, was operating a vehicle, in which plaintiff, Barbara Dill, was a passenger at the time of the accident. The defendant-carrier does not dispute that it provided an insurance policy which included…