United States First Circuit

By waiting until after discovery had closed and the long-scheduled trial date had almost arrived, insurer unduly delayed invoking the arbitration clause, thus arbitration is waived. Dismissal of statutory and Carmack Amendment claims against insurer and transporter are reversed.

Appellate Information

• Decided 07/14/2003
• Published 07/14/2003

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, TORRUELLA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Arthur J. Greif with whom Julie D. Farr and Gilbert & Greif, P.A. were on brief for appellants.


• For Appellees:
  
• James E. Fortin with whom Martica S. Douglas and Douglas, Denham, Buccina & Ernst, P.A. were on brief for appellee Allstate Insurance Co.