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Binding arbitration clauses in insurance policies found unenforceable in Washington

Edwards Wildman Palmer LLP
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USA
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February 14 2013

In State of Wash. Dep't of Transp. v. James River Ins. Co., No. 87644-4 (Wash. Jan. 17, 2013), the Washington Supreme Court en banc recently declined

First Circuit: arbitration decision bars insured from litigating coverage issues

Edwards Wildman Palmer LLP
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USA
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January 14 2013

In a recent decision, the U.S. Court of Appeals for the First Circuit held that the doctrine of issue preclusion barred an insured from litigating

Google pet decision supports mandatory arbitration and class action waivers in online consumer terms of use

Edwards Wildman Palmer LLP
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USA
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July 25 2012

On July 12, a California federal judge granted defendants Google, Inc. and Slide, Inc.’s motion to compel arbitration in a class action suit involving users of SuperPoke! Pets (“SPP”), an online game where players adopt, care for, and interact with virtual pets

Internal appeals of arbitration awards in reinsurance disputes

Edwards Wildman Palmer LLP
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USA
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June 6 2012

Arbitration has long been the preferred method for resolving reinsurance disputes

Court compels arbitration, thwarting employee’s attempt to bring class-based, pattern or practice gender discrimination claim

Edwards Wildman Palmer LLP
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USA
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April 23 2012

The U.S. District Court for the District of Massachusetts recently rejected an employee’s attempt to bring a class-based gender discrimination case against her employer, CIGNA (either through a class action or class arbitration), which would have enabled her to rely on a less stringent method of proof than the method used in an individual discrimination case

New York Court ERRS in consideration of interplay between California Insurance Code, McCarran-Ferguson, and Federal Arbitration Act

Edwards Wildman Palmer LLP
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USA
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October 7 2011

In National Union Fire Insurance Co. v. Source One Staffing, LLC, the Supreme Court of New York County was asked to consider the interrelationship of three statutes: the McCarran-Ferguson Act (15 U.S.C. 1101 et seq.), the Federal Arbitration Act (9 U.S.C. 1 et seq.), and the California Insurance Code (Cal. Ins. Code 11658

New York Federal Court finds that panel's refusal to hear certain evidence does not justify vacating arbitration award

Edwards Wildman Palmer LLP
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USA
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August 3 2011

James Fellus commenced arbitration against his former employer, Sterne, Agee & Leach, Inc., seeking damages for wrongful termination

Arbitrators’ award of attorneys’ fees upheld

Edwards Wildman Palmer LLP
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USA
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August 3 2011

International Capital & Management Company arbitrated a dispute against Bear Stearns before the Financial Industry Regulatory Authority (“FINRA”

Federal court finds that treaty’s consolidation language is for arbitrators to interpret

Edwards Wildman Palmer LLP
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USA
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June 29 2011

Munich Reinsurance America was reinsured under a treaty in which National Casualty Corporation and Employers Insurance Company of Wausau, among others, participated as reinsurers

Reinsurer, and not court, should select replacement arbitrator

Edwards Wildman Palmer LLP
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USA
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June 13 2011

A New York federal court recently held that a reinsurer, and not the court, had the authority to appoint a replacement arbitrator, even though the reinsurance agreement at issue did not specify a method to do so

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Search results

Binding arbitration clauses in insurance policies found unenforceable in Washington

First Circuit: arbitration decision bars insured from litigating coverage issues

Google pet decision supports mandatory arbitration and class action waivers in online consumer terms of use

Internal appeals of arbitration awards in reinsurance disputes

Court compels arbitration, thwarting employee’s attempt to bring class-based, pattern or practice gender discrimination claim

New York Court ERRS in consideration of interplay between California Insurance Code, McCarran-Ferguson, and Federal Arbitration Act

New York Federal Court finds that panel's refusal to hear certain evidence does not justify vacating arbitration award

Arbitrators’ award of attorneys’ fees upheld

Federal court finds that treaty’s consolidation language is for arbitrators to interpret

Reinsurer, and not court, should select replacement arbitrator

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