Policy Terms, Arbitration Agreements, Insurance Industry

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

Pillsbury - Policyholder Pulse blog on 2/28/2025

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

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

Haight Brown & Bonesteel LLP on 2/4/2020

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

Texas High Court Declines To Enforce Compel Arbitration Against Non-Signatory

Carlton Fields on 7/19/2018

In a recent dispute involving a crop insurance policy, the Texas Supreme Court held that an independent insurance agency could not compel arbitration of certain claims brought against it in state court by an insured (JJ...more

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

Carlton Fields on 3/6/2018

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

Ninth Circuit Finds Arbitration Clause Showed Clear And Unmistakable Intent To Resolve Arbitrability Questions By Arbitration

Carlton Fields on 2/5/2018

Finding Montana law was inapplicable to the subject insurance policy under both federal maritime choice-of-law principles and the policy language, the Ninth Circuit Court of Appeals determined that an arbitration clause was...more

Missouri Court Holds Arbitration Clause In Insurance Contract Unenforceable As Against Public Policy And Under Governing Law

Carlton Fields on 1/11/2018

A Missouri district court recently held a mandatory arbitration provision was unenforceable in an insurance coverage dispute after an electrician was injured on the job and won an uncontested judgment in state court against...more

Texas Court Finds Policy Contained Delegation Clause Requiring Arbitration Under English Law

Carlton Fields on 5/9/2017

A Texas federal court addressed a dispute as to whether the insurance policy at issue contained an arbitration agreement and whether it required arbitration of the particular claim. Looking at the “Law and Practice” provision...more

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