from the Lake Superior Court The Honorable Diane Kavadias
Schneider, Judge Trial Court Cause No. 45D11-1507-CT-125
ATTORNEYS FOR APPELLANT John D. Papageorge Jeffrey D.
Stemerick Taft Stettinius & Hollister, LLP Indianapolis,
ATTORNEY FOR APPELLEE Brad M. Gordon Grotefeld, Hoffman,
Schleiter, Gordon, Ochoa, & Evinger, LLP Chicago,
Watts Water Technologies, Inc. ("Watts") appeals
the trial court's order denying its motion to compel
arbitration. Watts raises three issues which we consolidate
and restate as whether the trial court erred in denying its
motion. We affirm.
and Procedural History
Watts and State Farm Fire & Casualty, Co. ("State
Farm") were signatories to a Property Subrogation
Arbitration Agreement (the "Arbitration
Agreement"), which provided in part:
By signing this Agreement, the company accepts and binds
itself to the following:
Signatory companies must forego litigation and submit any
personal, commercial, or self-insured property subrogation
claims to Arbitration Forums, Inc. (herein after referred to
Article Fourth Non-Compulsory Provisions
The parties may, with written consent, submit a claim:
(a) that exceeds this forum's monetary limit
(b) where a non-signatory wants to participate.
Once a company gives written consent, all Articles and Rules
of this forum are applicable, and the company may not revoke
AF's Function and Authority
AF, representing the signatory companies, is authorized to:
(a) make appropriate Rules and Regulations for the
presentation and determination of controversies under this
(b) determine the location, and the means by which,
arbitration cases are heard;
(c) determine qualification criteria and provide for the
selection and appointment of arbitrators;
(d) establish fees;
(e) invite other insurance carriers, noninsurers, or
self-insureds to participate in this arbitration program, and
compel the withdrawal of any signatory for failure to conform
to the Agreement or the Rules issued thereunder.
Any signatory company may withdraw from this Agreement by
notice in writing to AF. Such withdrawal will become
effective sixty (60) days after receipt of such notice except
as to cases then pending before arbitration panels. The
effective date of withdrawal as to such pending cases shall
be upon final compliance with the finding of the arbitration
panel on those cases.
Appellant's Appendix at 41-42.
In November 2014, Arbitration Forums gave notice to the
parties that it intended to amend the Arbitration ...