Diamond Blue Enterprises v. Gemini Ins. Co.
The sole issue on appeal is whether a dispute regarding an insurer’s failure to reimburse its insured for expenses incurred in litigation falls within the scope of a contractual arbitration provision. The contractual provision requires the insured and insurer arbitrate disputes over “whether coverage is provided.†We conclude a dispute over the failure to reimburse is related to coverage, but the two concepts are not the same. We therefore affirm the trial court’s denial of the insurer’s motion to compel arbitration.
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