Jersey Ins. Co. v. Roddam

On Rehearing

SIMPSON, Justice.

With respect to the plea in abatement, counsel for appellant argues we have departed from the holding in McCullough v. Mill Owners Mutual Fire Ins. Co., 243 Ala. 67, 8 So.2d 404, which in effect held that a good plea in abatement need not allege a demand was made for arbitration. We make this brief response to 'demonstrate the difference in the two cases.

The arbitration provision of the policy in McCullough’s case was not the same as the one here concerned. McCullough’s policy contained no provision requiring a written demand for arbitration after disagreement,…