Contracts – Breach – Motion to Compel Arbitration

Defendants appealed the denial of their motion to compel arbitration. Defendants sold a truck and vehicle protection plan to plaintiff; after the truck developed mechanical issues, defendants denied plaintiff’s repairs claim. The vehicle protection plan contained an arbitration clause. After attempting to settle the case through mediation with the attorney general’s office, plaintiff filed suit, which defendants moved to dismiss. Following further litigation, defendants moved to compel arbitration, which the trial court denied, ruling that defendants’ litigation conduct waived their right to seek arbitration.

Where defendants’ litigation conduct met the threshold of substantial participation in the case, the trial court correctly determined that defendants had waived their right to arbitrate.

Judgment is affirmed.

Housley v. Autohaus, L.L.C. (MLW No. 82882/Case No. SD38561 – 8 pages) (Missouri Court of Appeals, Southern District, Hamner, J.) Appealed from circuit court, Greene County, Christensen, J. (Laura Cathleen Robinson, Springfield and J. Michael Bridges, Springfield for appellants) (Adam Pekelo Pihana, Springfield for respondents)