years correct sol really the only thing that could have happened in this case is arbitration or no one correct correct about this is a three man inform state farm of one i did not see so you didn't have in the back of my mind i e i've used seven in the past i did not inform state farm that is correct either by writing or verbal so do you believe that if you send them a letter or a notice of attorneys lien that that's progress notification and you could wait forever to  give them the name nor peek under the facts of this case the notification came with then the two year timeframe of the accident apply receiving the notification there has to be based on state farm's policy an agreement whether or not the insured was legally entitled to collect damages men panel is the how long do you have now they do that i don't believe that there is any policy way in which that sets forth a certain deadline i pay you can wait forever arbitration if there is no time a woman involved in many many ties the issue of whether there should be an arbitration or not doesn't come until after the two year period when you can determine those resolved in terms of life building to the other on the other party when you have no other part it proves it proves it difficult anyway let me let me get to the heart of the screener that is the judge said that our judge question whether this case was controlled by first district cases or whether it was fixed role find a fifth district case and the judge said i'm going with the first district why why do you think he made a mistake there well i think to clear him verbatim i think he indicated he's making you believe he said a razor type decision here it was a circuit courts but what you want you understand the predicament he thought he was in that is having conflicting decisions in the first district and the own decisions in the first trick district that control the outcome in this case and a conflicting decision in the fifth district what is the circuit court to do in the first district should he ignore what the first district has decided and go with the fifth district or should he follow what was in the first district i don't think he should ignore the first district obviously but i think he should take case law from other districts and making a decision based on the totality of the facts and the rabbits and not only his district but other districts as well we're reviewing years the formal notice of the average tray sion was after the two years which i think the facts that distinguish will hear a request for arbitration wasn't made or to be two years i'm not arguing that one week later one day later i meet the request for an arbitration to resolve this matter last week i think that one of the most important things here is day or one day before i don't know really how the stebbins and the deceased parties in the finality of the finality comes in regards to filing a lawsuit importing them i noticed just as they received a letter prejudice here that somehow that never this was not sufficient and somehow they would have the outcome of a un claim would have been in their  favor if i've used the word arbitration prior to that to year deadline and i don't believe that's the case here and for those reasons i believe that the ruling of the trial court should be overturned will give you a couple minutes commence in the terms of the policy to contract preparatory what what we understand your position is that the latter certainly when it doesn't mention arbitration was a sufficient what would be sufficient under the came under the policy could that be done if you received that notice which one day before the end of the two year period with that told the remaining portion of that one day so that it would be timely it w yes why shouldn't we take guidance from that case or or what should we do with that case should we rejected or should we distinguish i think you should reject it well let me as if you have  send a letter instead of just sending a letter saying we you know this is it this is an uninsured motorist case and that's enough now your head to say i i want to i would say actually received a signed a green card and it was returned it's part of the record nowhere in state farm's policy does it indicate that you have to name an arbitrator's start that process prior to the two years it just says you have to use the word arbitration in your letter or demand for it but he said you didn't do that effect or in the bath i didn't use the word arbitrary correct in any form by the end you didn't say to me and either you did you know what did you to me and anything or was it simply a notice that you were coun we're looking at a letter i would indicate i will emphasize that although it is a different district hill does imprecise the fact that either the language was not perfect in that particular case  credit country mutual at least the insurance company i noticed or have you why i am claiming that was being pursued there it says verbatim the language utilized by deals attorney was not perfect but served the purpose of notifying country mutual because there's no way for the insurer to make a us you i am claiming absent an arbitration proceeding we conclude that timely notification of the claim is sufficient is there is there a difference between  you're involving a u s that is correct that the heart of this appeal is really putting notice on the insurance company that you intend on pursuing a claim and if the language is more stringent and it said you need to put a written demand or if it defined it were commands or if it in the tape you need to name an arb