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Arbitration › Insurance Litigation › Arbitration Agreements

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Fuerst Ittleman David & Joseph

Subrogees Beware—You Can Be Compelled to Arbitrate as Third-Party Beneficiaries to an Arbitration Agreement

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Cases requiring non-signatories to an arbitration agreement to arbitrate are not uncommon. Cases compelling subrogees to arbitrate, not because of an insurance policy but because of another contract, are less common. In...more

Miller Canfield

United States Court of Appeals Enforces Arbitration Agreement Against Third-Party Non-Signatories

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Arbitration agreements often seem straightforward—until they unexpectedly bind parties who never signed them. The United States Court of Appeals for the Eleventh Circuit’s recent decision in Various Insurers v. General...more

Marshall Dennehey

Fourth District Court of Appeals Rules in Favor of Homeowners, Citing Trial Court Calendaring Error

Marshall Dennehey on

Howard Roy Housen and Valerie Housen v. Universal Property & Casualty Insurance Company, Fla. 4th DCA, No. 4D2023-2720, January 22, 2025 - The Fourth District Court of Appeals found that the homeowners demonstrated excusable...more

Pillsbury - Policyholder Pulse blog

Three-Dimensional Chess: Harmonizing Dispute Resolution Clauses in Commercial Insurance Programs

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Considering the complex structure of commercial insurance programs—typically purchased in annual “towers” of insurance—risk managers and in-house counsel often do not pay sufficient attention to arbitration-related...more

Mayer Brown

English Court Rules on Conflicting Jurisdiction and Arbitration Clauses

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The English Commercial Court has handed down an important decision highlighting the approach adopted by the English court when there are competing jurisdiction and arbitration clauses (“Competing Clauses”) and the effect of a...more

Husch Blackwell LLP

California District Court Compels Arbitration of Reinsurance Dispute

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A California federal district court recently compelled arbitration of a reinsurance dispute, finding that it “had little difficulty concluding that this case falls within the parties’ arbitration agreement.” Truck Insurance...more

Rivkin Radler LLP

November 2024 Insurance Update

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In this month’s update, we’re discussing cases involving climate change, hurricanes, cryptocurrency, and aerial spraying. We begin in Hawaii where that state’s high court became the first to decide whether greenhouse gas...more

Carlton Fields

Oregon District Court Denies Motion to Compel Arbitration, Finds It Involves Procedural Questions Best Left to Arbitrators

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In Sacramento Drilling Inc. v National Casualty Co., the U.S. District Court for the District of Oregon addressed an amended motion to compel arbitration brought by defendant National Casualty Co. seeking to limit arbitration...more

Lowenstein Sandler LLP

Mass Arbitrations: Who Pays? Part I

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Host Lynda A. Bennett is joined by Freda L. Wolfson, former Chief Judge of the United States District Court for the District of New Jersey and Chair of Lowenstein's Alternative Dispute Resolution group; Michael A. Kaplan,...more

Carlton Fields

Court Follows Fifth Circuit Precedent in Enforcing Unsigned Insurance Arbitration Agreement Under New York Convention

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The insured argued that the arbitration agreement at issue was not enforceable under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards because the agreement was not signed by both parties and...more

Carlton Fields

First Circuit Holds That New York Convention Preempts Puerto Rican Law

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The First Circuit Court of Appeals has held that the New York Convention applies to an insurance arbitration dispute between a Puerto Rican company and Lloyd’s of London and that the convention preempts a Puerto Rican law...more

Carlton Fields

Eighth Circuit Finds “Entire Contract” Challenge Must Be Decided by Arbitrator, Reverses Order Denying Motion to Compel...

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The Eighth Circuit Court of Appeals reversed and remanded a decision by the U.S. District Court for the District of Minnesota denying defendant SUNZ Insurance Co.’s motion to compel arbitration of crossclaims asserted by...more

Butler Weihmuller Katz Craig LLP

Bad Faith Claim Brought Under Florida Law Foreclosed by the Insurance Policy’s Choice of Law Provision

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When contained in an insurance policy, a choice of law provision generally provides that the law of a certain state will apply to the policy and the determination of rights and responsibilities under the policy. Sometimes, a...more

K&L Gates LLP

HUB Talks: Arbitration World: International Arbitration Clauses in Insurance Policies: Are They Valid in States With...

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In this episode, partners Chris Valente and Jackie Celender, along with associates Michael Creta and Peter Ayers, discuss the impact that state anti-arbitration insurance statutes have on the enforceability of international...more

Butler Weihmuller Katz Craig LLP

Arbitration: An Effective Means to an End during COVID-19

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These critical times of isolation and social distancing have proved to be difficult on many areas of the economy. The legal industry is certainly no different. Those in litigation can be hit the hardest by delay and the...more

Carlton Fields

Court Compels Arbitration With Respect to Insurers, Not Brokers

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The U.S. District Court for the Southern District of Texas recently compelled arbitration against insurers but not brokers related to a commercial insurance dispute....more

Carlton Fields

SDNY Grants Motion to Compel Arbitration, Directs Arbitrability Issue to Arbitrators

Carlton Fields on

PB Life and Annuity Co. Ltd. sought a judgment that its dispute with Universal Life Insurance Co. was subject to litigation, not arbitration. In response, Universal Life moved to compel arbitration, and PB Life sought a...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

Haight Brown & Bonesteel LLP

Liability Policy’s Arbitration Endorsement Applies to Third Party Beneficiaries, Including Additional Insureds

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In Philadelphia Indemnity Ins. Co. v. SMG Holdings, Inc. (No. C082841; filed 12/31/19, ord. pub. 1/28/20), a California appeals court held that a binding arbitration clause in an insurance policy extends to a third party,...more

Carlton Fields

Federal Court Dismisses Policyholder’s Third-Party Action Against Reinsurers

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A Puerto Rico district court dismissed a third-party action by defendant-policyholder Puma Energy Caribe LLC against the reinsurers of an insurance policy issued by plaintiff Integrand Assurance Co. Puma claimed that the...more

Carlton Fields

Third Circuit Affirms Order Declining to Consolidate Reinsurance Dispute, but Vacates Order Denying Motion to Unseal

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Everest Reinsurance Co. appealed from two district court orders. It claimed that this dispute with Pennsylvania National Mutual Casualty Insurance Co. was the same as a prior dispute that Penn National had arbitrated with two...more

Carlton Fields

Court Orders Stay of New Arbitration Over Disputed Reinsurance Billings and Compels Parties to Proceed Before a Predecessor...

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The case involved a “second layer special casualty excess agreement of reinsurance” under which reinsurers General Reinsurance Corp. and SCOR Reinsurance Co. agreed to cover a certain amount in excess of Chicago Insurance...more

Carlton Fields

Court Compels Arbitration Under the New York Convention and Dismisses Case in Windstorm Insurance Claim Dispute

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The underlying insurance policy was issued by Certain Underwriters at Lloyd’s London and contained an arbitration clause. The court applied the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (also...more

Carlton Fields

Destination Arbitration: Court Holds Service-Of-Suit Clause Does Not Conflict With Policy’s Arbitration Requirement

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Coverage disputes often come down to the interplay between endorsements and the body of the policy. But this tension is not limited to terms addressing coverage. It can also extend to areas such as dispute resolution. ...more

Troutman Pepper Locke

Although They Did Not Enter a Reinsurance Lottery, They Won The Jackpot

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A California Court of Appeal recently affirmed a trial court’s denial of an insurer’s motion to compel arbitration, finding that the trial court had the authority to decide the issue of the enforceability of an arbitration...more

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