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Motion to Compel Reverse Preemption

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

Carlton Fields

Ninth Circuit Reaffirms That Washington State’s Prohibition Of Arbitration Clauses In Insurance Contracts Reverse-Preempts FAA

Carlton Fields on

This case concerned a coverage dispute between Technical Security Integration Inc. and its insurer, Philadelphia Indemnity. The District Court for the District of Oregon denied Philadelphia Indemnity’s motion to compel...more

Carlton Fields

Court Finds California Insurance Code Section 11658.5 Reverse-Preempts Section 4 Of The FAA

Carlton Fields on

National Union Fire Insurance Company of Pittsburgh, PA provided Seneca Family of Agencies with workers’ compensation and employers’ liability insurance for Seneca’s operations in California from 2004 to 2013. The parties...more

Sheppard Mullin Richter & Hampton LLP

New York’s Highest Court Enforces Arbitration Provision in California Workers’ Compensation Insurance Agreement, Rejecting...

A recent ruling by the New York State Court of Appeals underscores the Federal Arbitration Act’s(“FAA”) strong policy favoring enforcement of arbitration agreements—even in the insurance industry and despite federal policy...more

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