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Appeals › Preemption › Insurance Litigation

Foley & Lardner LLP

Second Circuit Holds New York Convention is Self-Executing and Not Preempted by McCarran Ferguson Act

Foley & Lardner LLP on

On May 8, 2025, United States Court of Appeals for the Second Circuit held, in Certain Underwriters at Lloyd’s, London v. 3131 Veterans Blvd LLC, and Certain Underwriters at Lloyd’s, London v. Mpire Properties LLC, Docket...more

Goldberg Segalla

New York Appellate Court: Rental Companies Not Statutorily Required to Provide Primary Coverage to Customers

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New York’s state appellate court recently declared rental car companies are not required to provide primary insurance coverage to their rental customers. Instead, the court concluded that New York law requiring the companies...more

Carlton Fields

Third Circuit Reverses Order Denying Arbitration, Ruling That State Law Prohibiting Arbitration Of Insurance Matters Challenged...

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Applied Underwriters Captive Risk Assurance Company appealed from the denial of its motion to compel arbitration in a dispute related to a reinsurance participation contract with South Jersey Sanitation Company. The trial...more

Seyfarth Shaw LLP

ERISA Preemption Trumps State Insurance Law Yet Again: Ninth Circuit Declines to Apply California’s Insurance Notice-Prejudice...

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In a recent decision, the Ninth Circuit Court of Appeals rejected a Plan participant’s attempt to extend California insurance law’s notice-prejudice rule to self-insured ERISA plans. Zagon v. Am. Airlines, Inc., 2015 BL...more

Carlton Fields

California’s “Third Party Litigation Exception” Not Preempted By The FAA

Carlton Fields on

A California appellate court recently examined that state’s legislative response to the situation where a party moves to compel arbitration and some of the parties to the dispute are not parties to the arbitration agreement....more

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