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Gerdesmeier v. Sutherland12/23/2003
the litigation and because we have recognized the right of Illinois Farmers to enforce arbitration, we do not reach their argument that the court abused its discretion by failing to vacate the default judgment and to enter detailed findings. Our decision on this issue creates a possible anomaly: the Gerdesmeiers hold a judgment against Sutherland, Illinois Farmers is responsible for uninsured motorist damages, but the Gerdesmeiers must resort to arbitration. Illinois Farmers stated on the record it accepted being in this unusual position, thus we are not compelled to resolve this possible anomaly from its perspective. In any event, the Gerdesmeiers have a judgment against Sutherland, which the Gerdesmeiers may enforce against Sutherland personally.
IV.
At oral argument the Gerdesmeiers questioned whether the language of their insurance policy with Illinois Farmers actually required arbitration of their uninsured motorist claim. Up until then, the parties and the district court had apparently assumed that the policy contained such a requirement. Since there is arbitration language in the policy and its interpretation was not raised in the district court or the briefs, we decline to reach that issue in this appeal. See In re Murphy's Estate, 269 Minn. 293, 301-02, 131 N.W.2d 220, 226 (1964).
Affirmed in part, reversed in part, and remanded.
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