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Insurance Contracts Preemption Federal Arbitration Act

Carlton Fields

Court Holds Federal Law Governs FAA Arbitration Dispute Related to Surplus Lines Insurance Contract, Compels Arbitration Under...

Carlton Fields on

Harbor Homeowner’s Association Inc. sued its insurers in Louisiana state court seeking to recover damages allegedly caused by the insurers’ failure to pay claims related to Hurricane Ida. The insurers removed to federal...more

Hinshaw & Culbertson - Insights for Insurers

The Continued Rise Of The New York Convention And The Fall Of The "Bellefonte Cap."

Another Circuit Court Holds That the New York Convention Pre-empts State Laws Prohibiting Arbitration of Insurance Disputes - On August 12, 2021, the U.S. Court of Appeals for the Ninth Circuit held that Article II, Section...more

Mintz - Arbitration, Mediation, ADR...

Enforcing Insurance Policy Arbitration Clauses: New York Convention Itself May Trump McCarran-Ferguson Act in the Federal...

Battles persist concerning the enforceability of insurance policy arbitration clauses due to the conflict between (a) the U.S. Constitution’s Supremacy Clause (Art. VI, cl. 2), which gives federal laws and international...more

Mintz - Arbitration, Mediation, ADR...

Insurance Policy Arbitration Clauses: Considering the “Conformity to Statute” Wildcard and a Treaty in the Federal Preemption vs....

The United States Constitution, a U.S. treaty, two federal statutes, a state statute, and a commercial contract walk into a bar. The federal statutes are arguing. The Constitution, the treaty, one of the federal statutes, and...more

Ballard Spahr LLP

Washington Supreme Court: FAA Does Not Preempt State Law Prohibiting Arbitration Agreements in Insurance Contracts

Ballard Spahr LLP on

The Washington Supreme Court has ruled that the Federal Arbitration Act (FAA) does not preempt a state statute that prohibits binding arbitration agreements in insurance contracts....more

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