Kost v. Farmers Automobile Insurance

After arbitration, Joseph Kost and Deborah Kost (plaintiffs), coadministrators of the estate of Robert S. Kost, deceased, made an underinsured-motorist claim under a policy issued by The Farmers Automobile Insurance Association (defendant). After arbitration, plaintiffs filed suit in the circuit court of Franklin County and sought a trial on the issue of damages, pursuant to the trial de novo clause of the insurance policy. Upon defendant’s motion, the court dismissed plaintiffs’ complaint with prejudice. On appeal, plaintiffs raise the issue of whether they should be precluded from invoking…