Filed: Jul. 09, 2014
Latest Update: Jul. 09, 2014
Summary: STIPULATION REGARDING MOTION TO DISMISS THE COMPLAINT OR, IN THE ALTERNATIVE, TO STAY THE ACTION AND COMPEL ARBITRATION; AND [PROPOSED] ORDER TO DISMISS THE ACTION AND TO COMPEL COMPLIANCE WITH INSURANCE POLICY'S MANDATORY ARBITRATION PROVISION WILLIAM B. SHUBB, District Judge. This Stipulation is entered into by and among Plaintiff California Cancer Associates for Research and Excellence, Inc. ("cCare") and Defendants Philadelphia Indemnity Insurance Company ("Philadelphia") and Philadelphia
Summary: STIPULATION REGARDING MOTION TO DISMISS THE COMPLAINT OR, IN THE ALTERNATIVE, TO STAY THE ACTION AND COMPEL ARBITRATION; AND [PROPOSED] ORDER TO DISMISS THE ACTION AND TO COMPEL COMPLIANCE WITH INSURANCE POLICY'S MANDATORY ARBITRATION PROVISION WILLIAM B. SHUBB, District Judge. This Stipulation is entered into by and among Plaintiff California Cancer Associates for Research and Excellence, Inc. ("cCare") and Defendants Philadelphia Indemnity Insurance Company ("Philadelphia") and Philadelphia C..
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STIPULATION REGARDING MOTION TO DISMISS THE COMPLAINT OR, IN THE ALTERNATIVE, TO STAY THE ACTION AND COMPEL ARBITRATION; AND [PROPOSED] ORDER TO DISMISS THE ACTION AND TO COMPEL COMPLIANCE WITH INSURANCE POLICY'S MANDATORY ARBITRATION PROVISION
WILLIAM B. SHUBB, District Judge.
This Stipulation is entered into by and among Plaintiff California Cancer Associates for Research and Excellence, Inc. ("cCare") and Defendants Philadelphia Indemnity Insurance Company ("Philadelphia") and Philadelphia Consolidated Holding Corporation ("PCHC"), sued as its fictitious business name of Philadelphia Insurance Companies (collectively "Defendants"). By and through their respective counsel of record, cCare and Defendants have agreed to submit the issues set forth in the complaint to binding arbitration pursuant to the terms of Part 6, Section XIV.B. of Policy No.PHSD831802 issued to cCare, effective April 1, 2013 to April 1, 2014 (the "Policy"), except for the following:
A. In lieu of administration by the American Arbitration Association ("AAA"), the parties agree that the arbitration will be administered by an individual or entity mutually agreed to by the parties.
B. PCHC reserves the right to contend that it is not a proper party to the issues in dispute in this matter but agrees to submit this dispute to arbitration and agrees that it will not make any motion or request to be removed from the case until after cCare has been given the opportunity to conduct discovery on whether PCHC is an "Underwriter" of the Policy as defined by the Policy.
THEREFORE, and based upon the foregoing, the parties hereto stipulate and agree as follows:
1. That the disputes in this action will be submitted to arbitration pursuant to the terms of Part 6, Section XIV.B. of the Policy, consistent with the agreements in the paragraphs above; and
2. That this action will be dismissed, without prejudice.
IT IS SO STIPULATED, AGREED, AND RESPECTFULLY REQUESTED.
ORDER
Pursuant to the parties' above stipulation, and good cause appearing, IT IS HEREBY ORDERED:
1. That the disputes in this action will be submitted to arbitration pursuant to the terms of Part 6, Section XIV.B. of the Policy consistent with the Stipulation of the parties set forth above; and
2. That this action will be and is hereby dismissed, without prejudice.
IT IS SO ORDERED.
