LITCHSINN v. AMERICAN INTERINSURANCE EXCH.

No. 63408.

287 N.W.2d 156 (1980)

Marilyn Odem LITCHSINN, Individually and as Administrator of the Estate of Thomas Lynn Odem, Deceased, Appellant, v. AMERICAN INTERINSURANCE EXCHANGE, Appellee.

Supreme Court of Iowa.

January 23, 1980.


Attorney(s) appearing for the Case

Robert W. Brinton of Archerd, Johnson & Brinton, Clarion, for appellant.

Don W. Burington of Laird, Burington, Bovard, Heiny & McManigal, Mason City, for appellee.

Considered en banc.


REES, Justice.

The plaintiff, Marilyn Odem Litchsinn, initiated this litigation challenging the withdrawal of defendant American Interinsurance Exchange from an arbitration proceeding which had been undertaken pursuant to an uninsured motorist provision in an insurance policy issued to Litchsinn by the company. The trial court, relying on the common law rule that either party to an arbitration may withdraw from the proceeding prior to the award or decision of the...

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