American Home Assurance Co. v. Benowitz

Opinion

EPSTEIN, J.

The respondent, Lynn Benowitz, thought that her automobile insurer had unreasonably delayed in acting on her demand to arbitrate a dispute under the uninsured motorist provision of her policy. Through her attorney, she selected her own arbitrator and proceeded to obtain an award at a scheduled hearing. We conclude that the insurer committed no breach giving rise to a waiver of its rights under the uninsured motorist provision of the policy, and that, even if it had, Ms. Beñowitz’s remedy was to compel arbitration. She was not entitled to unilaterally select an arbitrator and…