Southeast Nursing Home, Inc., a Corporation v. The St. Paul Fire and Marine Insurance Company

TJOFLAT, Circuit Judge:

This is a diversity action by an insured, Southeast Nursing Homes, Inc., against its insurer, The St. Paul Fire and Marine Insurance Company, to recover damages under an insurance policy for an insured fire loss and, in addition, punitive damages for the allegedly tortious manner in which the insurer dealt with the loss. The district court, following a pretrial hearing, concluded that the insured’s suit on the policy was premature, because the claim was subject to arbitration which had not taken place, and that its tort allegations were unfounded; the court therefore…