Justice Francois Rivera
Insurer Infinity moved to temporarily stay arbitration demanded by medical provider Daily Medical Equipment Distribution Center. Infinity argued it rescinded its policy, issued to insured St. Louis, Daily’s assignee, due to misrepresentations he made in his application. Daily sought arbitration for reimbursement for no-fault benefits provided to St. Louis. Infinity alleged Daily had no right to arbitrate because of the proper rescission of the policy ab initio, thus, voiding the arbitration clause. Daily alleged Infinity could not seek a stay as it already answered and participated in the arbitration proceeding, thus waiving its right to request a stay. The court agreed, noting based on the date the instant petition was commenced, Infinity’s petition may be untimely, yet it could not definitely determine that issue without a complete copy of the demand notice, which was not provided to the court. It further noted once a party took part in the arbitration by serving and filing an answer to the arbitration demand, and participated in selecting the arbitrator, they were no longer entitled to stay further progress of the arbitration, even if they were not subject to any arbitration agreement.
