A significant number of states prohibit or restrict the arbitration of disputes between an insurer and its policyholder and/or preclude the inclusion of arbitral provisions in insurance policies.The McCarran-Ferguson Act...more
8/23/2023
/ Appeals ,
Arbitration ,
Commerce Clause ,
Dodd-Frank ,
Federal Arbitration Act ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Insurance Industry ,
McCarran-Ferguson Act ,
NAIC ,
New York Convention ,
Reinsurance ,
Reverse Preemption ,
SCOTUS
The Bronx, where I came of age and grew into young adulthood, is well-known for the scrap of its residents. That can also be said of its judiciary. On December 20, 2022, in Wu v. Uber Techs., Inc.,[i] the New York State...more
In 2016, Best's Review published our article titled "The Bellefonte Cap Returns." As we explained, the Cap stemmed from the decision of the U.S. Court of Appeals for the Second Circuit in 1990 in Bellefonte Reinsurance Co. v....more
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
8/23/2021
/ Arbitration ,
Enforcement of Foreign Judgments ,
Federal Arbitration Act ,
Foreign Arbitral Awards ,
Insurance Contracts ,
Insurance Litigation ,
McCarran-Ferguson Act ,
Motion to Compel ,
New York Convention ,
Preemption ,
Reinsurance ,
Reverse Preemption
In contrast to his big wins on Jeopardy! in the 1980s, Richard Cordray lost badly in 2017 after staking so much on the Consumer Finance Protection Bureau’s (“CFPB”) Final Rule, which would have prohibited the use of class...more
With Vice President Pence casting a dramatic tie-breaking vote just after 10 p.m. E.D.T. on October 24th, the U.S. Senate joined the U.S. House of Representatives to eliminate, based on their authority under the Congressional...more