News & Analysis as of

Motion to Compel Arbitration Insurance Claims

Carlton Fields

Second Circuit Holds New York Convention Is “Self-Executing,” Reverses Orders Denying Motion to Compel Arbitration

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In an opinion issued on May 8, 2025, the Second Circuit Court of Appeals addressed two cases: Certain Underwriters at Lloyd’s London v. 3131 Veterans Blvd LLC and Certain Underwriters at Lloyd’s London v. MPIRE Properties...more

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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

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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

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Texas District Court Compels Arbitration Involving Hurricane Harvey Loss

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In opposing a motion to compel arbitration, Nueces County made two procedural arguments: first, that the carrier waived its right to arbitrate by virtue of the policy’s service-of-suit clause....more

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Texas District Court Finds Arbitration Required in Hurricane Harvey Dispute and That Independent Adjusting Firm May Join in...

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This action involves plaintiff Living Steward Properties’ insurance claim for property damage caused by Hurricane Harvey. The insurer defendants moved to compel arbitration of the plaintiff’s claims that the insurer...more

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Florida Federal Court Compels Arbitration of Coverage Dispute Under the New York Convention

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The plaintiff sought coverage for property loss due to Hurricane Irma, and the defendant successfully moved to compel arbitration. The plaintiff opposed arbitration, arguing that the subject policy was unsigned and thus did...more

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SDNY Compels Arbitration of Payment Obligation Dispute Under General Liability “Fronting” Policies

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A New York district court has granted a motion to compel arbitration of matters arising out of general liability “fronting” policies issued by member companies of AIG. ...more

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Court Upholds Decision Rendering Insurance Arbitration Provision and Delegation Clause Unenforceable for Failure to File Them with...

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In a dispute between Low Desert Empire Pizza (Desert Pizza) and its insurers over alleged mismanagement of claims and unjustifiable cost increases related to a workers’ compensation insurance program, a California appellate...more

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Missouri Court Finds Insurance Contract’s Arbitration Clause Unenforceable As Against Public Policy

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This case arose from an accident at the General Motors plant in Kansas City, Kansas, where an electrician employed by Capital Electric Construction Company, Inc. was severely injured due to negligence by Solaris Power...more

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