Norcal Mutual Insurance Company v. Newton

Opinion

KLINE, P. J.

NORCAL Mutual Insurance Company (NORCAL) appeals from the trial court’s denial of its petition to compel arbitration of a dispute with respondent Nancy Newton. NORCAL maintains the petition should have been granted because respondent was required to arbitrate by the language of the medical malpractice insurance policy it issued to respondent’s late husband, by respondent’s acceptance of the benefits of the policy, and by respondent’s initiation of arbitration against NORCAL. We conclude the trial court’s order must be reversed.

Statement of the Case and Facts

Dr. Harvey…