An insurer that was a non-signatory to an arbitration agreement between other insurers and the insured was not equitably bound to arbitrate when it agreed to mediate the dispute with the insured alongside the other insurers.  Flintkote Co. v. Aviva PLC, 769 F.3d 215 (3rd Cir. 2014) (No. 13-4055).  The court found that the mediation in which the insurer participated was not governed by the arbitration agreement.  Further, the insurer was not equitably estopped from avoiding arbitration because the insured was on actual notice that the insurer had negotiated for and specifically reserved the right to resolve all disputed issues through litigation, and the insured’s reliance on the insurer’s participation in mediation as an unspoken waiver of its rights was unreasonable.