Gerig v. Kahn6/19/2002
Inc. v. Oldach (C.A.1, 1968), 392 F.2d 368, 369, fn. 2; Thomson-CSF, S.A. v. Am. Arbitration Assn. (C.A.2, 1995), 64 F.3d 773, 778; Inernatl. Paper Co. v. Schwabedissen Maschinen & Anlagen GMBH (C.A.4, 2000), 206 F.3d 411, 418; Grigson v. Creative Artists Agency (C.A.5, 2000), 210 F.3d 524; Arnold v. Arnold Corp.-Printed Communications for Business (C.A.6, 1990), 920 F.2d 1269; Hughes Masonry Co., Inc. v. Greater Clark Cty. School Bldg. Corp. (C.A.7, 1981), 659 F.2d 836, 839; Sunkist Soft Drinks, Inc. v. Sunkist Growers, Inc. (C.A.11, 1993), 10 F.3d 753, 757; Infiniti of Mobile, Inc. v. Office (Ala.1999), 727 So.2d 42, 48; Am. Ins. Co. v. Cazort (1994), 316 Ark. 314, 320-323, 871 S.W.2d 575, 579-580; Harris v. Superior Court (1986), 188 Cal.App.3d 475, 478, 233 Cal.Rptr. 186; Application of General Re Corp. v. Foxe (1998), 177 Misc.2d 867, 878, 678 N.Y.S.2d 459; In re FirstMerit Bank (2001), 44 Tex.Sup.Ct.J. 900, 52 S.W.3d 749. See, also, 2 Macneil, Speidel, and Stipanowich, Federal Arbitration Law (1994), Section 18.7.2.3 (when seeking rights under a contract, a nonsignatory is bound by the contract's arbitration clause).
. We now turn to the second issue raised in OIGA's cross-claim against St. Vincent. In addition to asking the court to interpret the affiliation agreement and declare that it requires St. Vincent to insure Kahn through its self-insurance plan, OIGA also requests that the court declare St. Vincent's self-insurance to be "other insurance" within the purview of R.C. 3955.13, such that it must be exhausted before OIGA is obligated to provide coverage. St. Vincent concedes that the exhaustion issue raised by OIGA requires interpretation of statutory language and is not a matter for the arbitrator to decide. Nevertheless, St. Vincent contends that the exhaustion issue is secondary to the coverage issue, and therefore it should also be stayed pending the outcome of the arbitration. We agree.
. Although the exhaustion issue could be resolved before coverage is determined, the arbitrator's determination regarding coverage may render the exhaustion issue moot. That is, if the arbitrator determines that the affiliation agreement does not require St. Vincent to insure Kahn through its self-insurance plan, then the determination of whether the exhaustion provision in R.C. 3955.13 applies to St. Vincent's self-insurance would be irrelevant. Therefore, in the interest of judicial economy, we conclude that the exhaustion issue should be stayed pending the arbitrator's determination of coverage.
. For the foregoing reasons, we affirm the judgment of the court of appeals.
Judgment affirmed.
Moyer, C.J., Deshler, F.E. Sweeney, Pfeifer and Lundberg Stratton, JJ., concur.
Cook, J., concurs in judgment.
Dana A. Deshler, Jr., J., of the Tenth Appellate District, sitting for Resnick, J.
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