F.C.I. Realty Trust v. Aetna Casualty & Surety Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding no waiver where the insurer raised the reference issue as an affirmative defense in its answer and repeatedly refused to waive its rights under the policy
• once the parties know how much money is at stake, they can more easily settle a case
• “If the referees reach questions of ultimate liability, those issues can be reliti-gated; but that eventuality does not excuse the contractual requirement that there be a reference before there be a law suit.”
• “There was no waiver” because the insurer “raised the reference issue as an affirmative defense in its answer to [the insured’s] complaint and ha[d] repeatedly declined to waive its rights under the policy.”

Source: CourtListener parenthetical corpus (CC0).