The applicant was injured in a motor vehicle accident and applied for no-fault benefits.
A dispute arose, and the applicant commenced a court action before seeking mediation.
After mediation failed, the applicant applied for the appointment of an arbitrator.
The insurer argued that the applicant had elected to proceed in court and was precluded from arbitration.
The arbitrator held that the applicant's application for arbitration constituted an election to proceed by way of arbitration, and allowed the arbitration to proceed provided the applicant withdrew his court action forthwith.
