North Carolina Farm Bureau Mutual Insurance v. Sematoski

BRYANT, Judge.

Defendant appeals from the trial court’s order entered 13 December 2008 which allowed plaintiffs’ motion for summary judgment and denied defendant’s motion to compel arbitration and stay proceedings. For the reasons stated below, we reverse and remand.

According to the record before us, on 7 April 2002, defendant was driving in Sarasota County Florida when she was rear-ended by a vehicle operated by tortfeasor Thomas Ferguson. Defendant was injured. Ferguson’s vehicle was covered by an insurance policy issued by Progressive Insurance Company (Progressive) with a liability…