Kutch v. State Farm Mutual Automobile Insurance Co.

In order to resolve this arbitration dispute, we must decide whether the petitioner, Kay Kutch, is precluded from enforcing an arbiJ tration award in excess of her insurance policy limits despite the failure of the respondent, State Farm Automobile Insurance Company, to seek review of the award within the time allotted by statute.1 We hold that *95because State Farm’s contract defense was time barred, Kutch may enforce, the full award. We therefore reverse the judgment of the court of appeals and remand with directions to reinstate the district court’s order confirming the arbitration award.

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