In Radil v. National Union Fire Insurance Co., the Supreme Court of Colorado held that an excess insurer was bound by the arbitration clause in the primary insurer's uninsured/underinsured motorist coverage when the excess insurer endorsed the primary insurer's coverage by follow-form. The court reasoned that since the excess insurer did not provide any limiting language concerning the scope of the coverage, the follow-form endorsement applied to the entire scope of the primary insurer's coverage, including the arbitral clause. Further, the court rejected the excess insurer's argument that a boilerplate statement found at the end of the policy agreement constituted an express disclaimer of the arbitration clause. The court cited Colorado's strong public policy in favor of arbitration as a mechanism of alternate dispute resolution to support its holding.
Jamie L. Augustinsky, Supreme Court of Colorado Holds that an Excess Insurer Who Endorses a Primary Insurer's Coverage Agreement by Follow-Form is Subject to the Arbitral Clause within that Agreement, 3 293 (2011).