Michael R. Hogan, United States District Judge. Kim E. Hoyt and Mark E. Griffin, Portland, argued the cause for plaintiff. Fadeley, J., dissented and filed an opinion. Thereafter, State Farm reduced or denied benefits for treatment rendered to plaintiff's son. Following the denial or reduction of benefits, plaintiff requested arbitration.
Defendants contend arbitration was commenced but that plaintiff's counsel withdrew.
Plaintiff contends arbitration never commenced because the parties could not agree on the scope of arbitrable issues and could not agree as to the scope of discovery within the arbitration. Plaintiff then initiated the instant actions. Plaintiff's complaint alleges a conspiracy between State Farm and CMR to commit fraud by knowingly preparing false and misleading reports indicating that medical treatment provided to plaintiff's son was neither reasonable nor necessary when, allegedly, it was. Plaintiff alleges she has been damaged as a result of this alleged fraud. Plaintiff contends that she should be able to proceed against defendants in court without first arbitrating the underlying PIP dispute.