State Farm Mutual Automobile Insurance Co. v. Dowdy

OPINION

I. INTRODUCTION

In this petition for review, we address whether an arbitrator should decide two disputed insurance coverage issues. This matter arises in the context of an insurance policy’s arbitration clause that provides for arbitration by written request of the insured or the insurer as to either of two questions: (1) “Is the insured legally entitled to collect damages from the owner or driver of the uninsured vehicle or under insured motor vehicle”; and (2) “if so, in what amount?”

Barbara and Asa Dowdy requested arbitration of their negligent infliction of emotional distress (NIED)…