Nationwide Insurance v. Patterson

OPINION OF THE COURT

SLOVITER, Chief Judge.

This appeal by Nationwide Insurance Company of Columbus, Ohio is from the dismissal of its action seeking a declaratory judgment that the insured, appellee Marcie *45Patterson, was not entitled to benefits under the underinsured coverage of an insurance policy issued by Nationwide. The district court granted Patterson’s motion to dismiss under Fed.R.Civ.P. 12(h) on the ground that the parties were obliged to arbitrate the dispute as to whether underin-sured coverage is owed to Patterson.

It is not disputed that Marcie Patterson was struck and injured by…