Larry P. Schiffer | Squire Patton Boggs Most reinsurance contracts have binding arbitration provisions. The Federal Arbitration Act (FAA) sets out a national policy in favor of arbitration. Yet, there are states that expressly preclude arbitration provisions in insurance contracts. Does that apply to reinsurance contracts? In Washington Cities Insurance Authority v. Ironshore Indemnity, Inc., No.… Continue reading Reverse Preemption Is Alive And Well In Washington State
Tag: arbitration
You Cannot Arbitrate Claims Not Covered By The Arbitration Agreement
David Adelstein | Florida Construction Legal Updates Regardless of the type of contract you are dealing with, “[a]rbitration provisions are contractual in nature, and therefore, construction of such provisions and the contracts in which they appear is a matter of contract interpretation.” Wiener v. Taylor Morrison Services, Inc., 44 Fla. L. Weekly D3012f (Fla. 1st DCA 2019).… Continue reading You Cannot Arbitrate Claims Not Covered By The Arbitration Agreement
The Legal Framework for Insurance Disputes in USA
Summer Craig and Susannah S. Geltman | Simpson Thacher & Bartlett All questions The legal framework i Sources of insurance law and regulation The regulation of insurance in the US is primarily performed by the states. In 1945, the US Congress passed the McCarran-Ferguson Act, which provides that ‘No Act of Congress shall be construed to… Continue reading The Legal Framework for Insurance Disputes in USA
Ensuring Efficient Arbitration of Construction Disputes Involving Mechanic’s Liens
Robert G. Campbell and Trevor B. Potter | Construction Executive There may be tension between the enforcement of statutory mechanic’s lien claims when a contractual dispute resolution provision calls for arbitration. Once the parties are in arbitration, it may not be clear whether the arbitrator has authority to make factual determinations regarding amount and validity… Continue reading Ensuring Efficient Arbitration of Construction Disputes Involving Mechanic’s Liens
Who Gets To Decide Whether Class Arbitration Is Available? It Just Might Be The Arbitrator
Philip Mohr | Womble Bond Dickinson Where an agreement provides that “any dispute… arising out of the agreement” would be settled by binding arbitration in accordance with “the Rules of the American Arbitration Association,” such language provides “clear and unmistakable evidence” of the parties’ agreement to delegate certain substantive issues—like the availability of class arbitration—to… Continue reading Who Gets To Decide Whether Class Arbitration Is Available? It Just Might Be The Arbitrator