Continental Insurance v. Right

O’Brien, J.,

dissents and votes to affirm the judgment, with the following memorandum: Contrary to my colleagues, I conclude that the six-year Statute of Limitations on a demand for arbitration of an underinsured motorist claim commences to run on the date of the accident. The appellant’s demand for arbitration in October 1996, more than six years after the accident, was therefore untimely. Accordingly, I would affirm the judgment which granted the petition for a permanent stay of arbitration.

It is well settled that since the claim asserted in arbitration exists solely by reason of the…