Northland Insurance Co. v. Sny

Plaintiff filed suit seeking a declaratory judgment that defendant had waived the right to arbitrate his claim for uninsured motorist benefits under an insurance policy with plaintiff due to unreasonable delay in notifying plaintiff of the accident out of which defendant’s claim arose. A Saginaw County circuit judge granted defendant’s motion for summary judgment and, under GCR 1963, 769.2(2), ordered the parties to proceed to arbitration. Plaintiff appeals.

Plaintiff argues that the circuit court, should have determined whether the defendant’s conduct operated as a waiver of his right to…