Our insured sustained auto damages at a car wash. Can we file arbitration even though the Respondent isn an auto liability carrier?
Yes. Since you are seeking recovery of auto damages, the Auto forum is compulsory. The type of damages sought determines which forum is compulsory, not the type of coverage afforded by the Respondent. The type of liability coverage afforded by the Respondent is irrelevant. A Respondent can be an auto liability, homeowner’s liability, general liability, products liability carrier, etc. So, if the carrier is signatory to Auto, arbitration is compulsory.
