Allstate Mutual Arbitration Agreement

In August 2010, Jacquelyn Ann Whittington filed a complaint claiming that Taco Bell had not paid both her and a group of her colleagues overtime pay due to them under the Fair Labor Standards Act. Taco Bell made several attempts to transfer the action to arbitration, pursuant to a forced arbitration clause. , before putting a definitive end to the case. (Whittington v. Taco Bell of America Inc. et al., 2013 U.S. Dist. LEXIS 161665 (D.Colo. Nov. 13. Nov.

2013)).  24 On appeal, however, counsel for Wong argues that Allstate waived the right to invoke political restrictions when applying for leave or an amendment to the sentence.   According to Wong`s counsel, Allstate was required to introduce the limits of the directive during the arbitration process if he wanted to benefit from this ceiling for his liability.   Given that the parties understood, prior to the commencement of the arbitration, that the political limits would not be disclosed to the arbitrator, it is at best dishonest for Wong`s counsel to now assert that by failing to disclose the political limits to the arbitrator, Allstate waived the right to rely on those limits.   In correspondence exchanged shortly before the commencement of the arbitration proceedings, Counsel for Wong stated that ”[w] e agreed that the arbitrator would not be informed of the terms of the arbitration agreement, nor of the political limitations in the policy of the subject.   In short, the arbitrator has the opportunity to forgive what he thinks Mr. Wong`s claim is worth, regardless of that figure. Counsel for Allstate immediately responded that, although it accepted that the limitations of the directive would not be passed on to the arbitrator, Wong would nevertheless be bound to those limits and that any amount of prejudice determined by the arbitrator would be within the limits of the directive.   Wong`s counsel decided to remain silent in the face of Allstate`s letter and did not dispute Allstate`s understanding of the parties` agreement.   However, Wong`s lawyer has put an end to his silence and demands that this court jump the trap set by his maneuvers and stipulate that Allstate has waived the right to defer to political boundaries.   We oppose it.   See Applehans, 68 P.3d, under 599-600 (rejecting an argument that insurance policies were lifted as a positive defense because of the existence of a non-disclosure agreement of these limits to the arbitrator).

Finally, I would like to make it clear that I share many of the majority`s concerns about the provision of the treaty in this case.   My concerns are sympathy for the plight of policyholders and appropriate respect for the clear language of our status, which prohibits the dilution of the insurance of uninsured motorists, as adopted by our General Assembly.

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