Kraczkowski v. Quincy Mutual Fire Insurance Co.

Summary

The Rhode Island Supreme Court held that the plaintiffs unequivocally elected arbitration by demanding arbitration, selecting an arbitrator, and participating in the arbitration process. Under Rhode Island General Laws § 10-3-2 and the election-of-remedies doctrine, the plaintiffs could not later abandon arbitration and pursue their underinsured motorist claim in Superior Court. The court affirmed the denial of the motion to vacate the arbitration award.

Holdings

1. The plaintiffs unequivocally elected arbitration by expressly demanding arbitration, selecting an arbitrator, and participating in the arbitration process.
2. The plaintiffs were barred from opting out of arbitration and pursuing their underinsured motorist claim in Superior Court, even though no arbitration hearing had yet been held.
3. The plaintiffs could not rely on the statutory placement requirement to avoid arbitration because they, rather than Quincy Mutual, demanded arbitration.

Questions Presented

1. Whether the plaintiffs unequivocally elected arbitration by demanding arbitration in writing, selecting an arbitrator, and participating in the arbitration process.
2. Whether the plaintiffs could withdraw from arbitration and pursue their underinsured motorist claim in Superior Court before an arbitration hearing had occurred.
3. Whether the arbitration provision was unenforceable because the insurer did not establish that it was located immediately before the testimonium clause or the parties' signatures.

Disposition

affirmed