Pekin Insurance Company v. Jose and Carol Hanquier and Joseph Hall

984 N.E.2d 227, 2013 WL 444761, 2013 Ind. App. LEXIS 54
CourtIndiana Court of Appeals
DecidedFebruary 6, 2013
Docket55A04-1208-CT-401
StatusPublished
Cited by3 cases

This text of 984 N.E.2d 227 (Pekin Insurance Company v. Jose and Carol Hanquier and Joseph Hall) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pekin Insurance Company v. Jose and Carol Hanquier and Joseph Hall, 984 N.E.2d 227, 2013 WL 444761, 2013 Ind. App. LEXIS 54 (Ind. Ct. App. 2013).

Opinion

OPINION

KIRSCH, Judge.

Pekin Insurance Company (“Pekin”) appeals the trial court’s order denying Pe-kin’s motion to correct error. Pekin raises the following restated issue on appeal: whether the trial court erred in failing to enforce the arbitration provision of the Pekin insurance policy as mandated by Indiana Code section 34-57-2-3.

We reverse and remand with instructions.

FACTS AND PROCEDURAL HISTORY

This case arises from a motor vehicle collision that occurred on March 19, 2008 in Morgan County, Indiana. On that date, Carol Hanquier (“Carol”) was stopped at a traffic signal when a vehicle driven by Joseph Hall (“Hall”) collided with the rear of Carol’s vehicle. As a result of the collision, Carol sustained severe injuries. On March 1, 2010, Jose and Carol Hanquier (together “the Hanquiers”) filed a complaint against Hall and Pekin. In addition to seeking damages from Hall, the Hanqui-ers sought underinsured motorist benefits from their insurer, Pekin.

The provision for underinsured motorist benefits contained in the Hanquiers’ insurance policy with Pekin included an arbitration clause that provided as follows:

ARBITRATION

If we and an “insured” do not agree:

1. Whether that person is legally entitled to recover damages under this endorsement; or
*229 2. As to the amount of damages; either party may make a written demand for arbitration....

Appellant’s App. at 23. Pekin made its written demand for arbitration to counsel for the Hanquiers in a letter dated April 21, 2010. On April 22, 2010, Pekin filed its “Motion to Stay Pending Arbitration” with the trial court. Id. at 30. The Hanquiers filed their “Response in Opposition to [Pe-kin’s Motion to] Stay Pending Arbitration,” contending that the policy language was permissive rather than mandatory and that arbitration was not proper because the Hanquiers’ claims against Hall had not been resolved. Id. at 33-34. After a hearing on Pekin’s motion to stay, the trial court denied the motion.

On January 26, 2012, after being granted leave to file an amended complaint, the Hanquiers filed an amended complaint for damages. Pekin again filed a motion to stay the proceedings pending arbitration. The trial court initially granted the motion, but reconsidered and denied the motion after the Hanquiers filed a response. Pe-kin filed a motion to correct error and “Application for an Order to Arbitrate (with Stay).” Id. at 91. Pekin requested that the trial court compel arbitration pursuant to Indiana Code section 34-57-2-3. Id. at 92. On July 11, 2012, the trial court denied Pekin’s motion. Pekin now appeals.

DISCUSSION AND DECISION

We review a trial court’s denial of a motion to compel arbitration de novo. TWH, Inc. v. Binford, 898 N.E.2d 451, 453 (Ind.Ct.App.2008) (citing Daimler Chrysler Corp. v. Franklin, 814 N.E.2d 281, 284 (Ind.Ct.App.2004)). A party seeking to compel arbitration must satisfy a two-pronged burden of proof. Id. First, a party must demonstrate the existence of an enforceable agreement to arbitrate the dispute. Id. Second, the party must prove that the disputed matter is the type of claim that the parties agreed to arbitrate. Id. Once the court is satisfied that the parties contracted to submit their dispute to arbitration, the court is required by statute to compel arbitration. Safety Nat’l Cas. Co. v. Cinergy Corp., 829 N.E.2d 986, 1000 (Ind.Ct.App.2005) (citing Ind.Code § 34-57-2-3(a)), trans. denied.

Pekin argues that the trial court erred in failing to enforce the arbitration provision of its policy with the Hanquiers as mandated by Indiana Code section 34-57-2-3. Pekin contends that its policy provided that arbitration was mandatory when requested by either the insurer or the insured. It claims that this policy language was unambiguous and must be given its plain and ordinary meaning. Pe-kin asserts that the policy plainly provided that either party may make a written demand for arbitration, and that once such a demand is made, the policy provides the mandatory procedure for arbitration.

If the language in an insurance policy is clear and unambiguous, it should be given its plain and ordinary meaning. Newnam Mfg., Inc. v. Transcon. Ins. Co., 871 N.E.2d 396, 401 (Ind.Ct.App.2007) (citing Eli Lilly Co. v. Home Ins. Co., 482 N.E.2d 467, 470 (Ind.1985)), trans. denied. An ambiguity does not exist simply because a controversy exists between the parties, each favoring an interpretation contrary to the other. Id. (citing Linder v. Ticor Title Ins. Co. of Cal., Inc., 647 N.E.2d 37, 39 (Ind.Ct.App.1995)). Under Indiana law, an insurance policy is ambiguous if reasonable persons may honestly differ as to the meaning of the policy language. Id. Where there is ambiguity, insurance policies are to be construed strictly against the insurer. Id. (citing Am. States Ins. Co. v. Kiger, 662 N.E.2d 945, 947 (Ind.1996)).

*230 The Pekin policy provision for underin-sured motorist coverage provides in pertinent part:

ARBITRATION
If we and an “insured” do not agree:
1. Whether that person is legally entitled to recover damages under this endorsement; or
2. As to the amount of damages;
either party may make a written demand for arbitration. In this event, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction. Each party will:
1. Pay the expenses it incurs; and
2. Bear the expenses of the third arbitrator equally.
Unless both parties agree otherwise arbitration will take place in the county in which the “insured” lives. Local rules of law as to procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding as to:
1.

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984 N.E.2d 227, 2013 WL 444761, 2013 Ind. App. LEXIS 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pekin-insurance-company-v-jose-and-carol-hanquier-and-joseph-hall-indctapp-2013.