are shown: a written agreement to arbitrate, a dispute within the scope of the arbitration agreement, and a refusal to arbitrate. Zurich American Ins. Co. v. Watts Industries, Inc., 417 F.3d 682, 687 (7th Cir.2005). Only the third element is at issue here. Relying primarily on cases from the Second and Third circuits, Pushpin argues that a refusal to arbitrate can be established only if the non-moving party files a lawsuit or is ordered to arbitrate a dispute and fails to do so. See, e.g., LAIF X SPRL v. Axtel, S.A. de C.V., 390 F.3d 194, 198 (2d Cir.2004) (“A party has refused to arbitrate if it commences litigation or is ordered to arbitrate th[e] dispute [by the relevant arbitral authority] and fails to do so.”); PaineWebber Inc. v. Faragalli, 61 F.3d 1063, 1066 (3d Cir.1995) (<HOLDING>). In PaineWebber, the Third Circuit held that
holding that because a valid arbitration clause existed the parties had to arbitrate all disputes when the subject matter of the dispute has a reasonable relationship to the subject matter of the contract holding that a dispute arising out of an insurance policy was not covered by the arbitration provision in the parties separate premium payment agreement because if the party had intended to subject this dispute to the arbitration provision it could easily clearly and unequivocally have done so either by including an arbitration provision in the insurance policy itself or by adding to the above arbitration provision holding that an action to compel arbitration accrues only when the respondent unequivocally refuses to arbitrate either by failing to comply with an arbitration demand or by otherwise unambiguously manifesting an intention not to arbitrate the subject matter of the dispute holding that purpose of stay pending arbitration is twofold it relieves the party entitled to arbitrate of the burden of continuing to litigate the issue while the arbitration process is ongoing and it entitles that party to proceed immediately to arbitration without the delay that would be occasioned by an appeal of the district courts order to arbitrate holding respondent refused to arbitrate where it neither opposed nor responded to petitioners arbitration demand letter