Alton J. Van Horn v. State Farm Mutual Automobile Insurance Company

In this action, which was removed to the District Court from a state court, plaintiff-appellant seeks recovery from defendant-appellee,, the carrier of his automobile insurance, for damages allegedly resulting from the negligent operation of a vehicle by an uninsured motorist. (Hereinafter the parties will be referred to as they were in the trial court.) The District Court sustained defendant’s motion to dismiss on the ground that plaintiff failed to state a cause of action because it is not alleged that the matter had been submitted to arbitration prior to the institution of this action.…