O'Donnell v. Chamberlain

PEARSON, Judge.

Plaintiff Francis T. O’Donnell, Jr., has petitioned this court for a writ of certiorari to review an order denying arbitration on a claim of uninsured motorist coverage. Because of the unusual aspects of this case, we have, in the exercise of our discretion, entertained the petition for the writ and hold that the trial court has departed from the essential requirements of law in that, by its order, it has deprived the plaintiff of a valuable contract right without due process of law.

The unusual circumstances referred to above are that plaintiff O’Donnell first sued the alleged…