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Insurance Contracts Arbitration Agreements Federal Arbitration Act

Carlton Fields

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

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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

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

Carlton Fields

District Court Enforces Mandatory Arbitration Clause, Despite State Law Prohibiting Such Provisions in Insurance Contracts

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Defendants, Certain Underwriters at Lloyd’s and its third-party claims administrator, CJW & Associates, sought to enforce a mandatory arbitration clause in a Lloyd’s policy issued to the plaintiffs. ...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

Carlton Fields

Ninth Circuit Finds Plaintiff Entitled To Trial On Issue Of Whether An Arbitration Agreement Was Executed

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Defendant provided the district court with copies of two contracts – a Reinsurance Participation Agreement and a Request to Bind – that were purportedly signed by Plaintiff’s CEO and contained arbitration clauses....more

Ballard Spahr LLP

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

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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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