noting that an insured 13 who did not sign the policy and is seeking UM benefits “is a third-party beneficiary of the policy” and cannot “pick and choose the portions of the contract that he wants to apply”
How later courts described this case
- noting that an insured 13 who did not sign the policy and is seeking UM benefits “is a third-party beneficiary of the policy” and cannot “pick and choose the portions of the contract that he wants to apply”
- stating that a party who seeks the benefits of a contract is bound by all provisions of the contract, not just those he chooses to enforce
- stating, in a plurality decision, that as a general rule a person cannot merely pick and choose among applicable contract provisions
- noting that an insured who did not sign the policy and is seeking UM benefits “is a third-party beneficiary of the policy” and cannot “pick and choose the portions of the contract that he wants to apply”
Written by the judges who cited it.
The opinion
I respectfully dissent. I would hold that American Hardware's protracted and unexplained delay in seeking arbitration of the Dyesses' claims constituted a waiver of its right to compel arbitration. See Ex parte Smith , 706 So.2d 704 (Ala. 1997).