In R&Q Reins. Co. v. Rapid Settlements, Ltd., and Gwendolyn Sands Brown, No. 06-14329 (S.D. Fla. May 14, 2007), R&Q Reinsurance Company (“R&Q”) was obligated to make periodic payments to an underlying insured, Gwendolyn Brown (“Brown”), under the terms of a structured settlement agreement entered into to resolve a personal injury claim. Subsequently, Brown entered into a contract (the "Contract") transferring part of her interests under that agreement to Rapid Settlements, Ltd. (“Rapid”). The Contract contained an arbitration provision.
Thereafter, Brown sought to cancel the Contract, and Rapid filed a demand for arbitration. Rapid prevailed in arbitration and was awarded the right to payments under the Contract.
After receiving notice of the arbitration award, R&Q sought an injunction to prevent Rapid from receiving payments under the Contract. Rapid argued that R&Q’s claims were untimely under Section 12 of the Federal Arbitration Act, which provides that a party seeking to vacate, modify, or correct an arbitration award must do so within three months after the award is filed or delivered. The Court held that the ninety-day deadline did not bar R&Q’s claim, since it was not a party to the arbitration agreement at issue and did not participate in the underlying arbitration. The Court also held that R&Q’s non-party status did not prevent it from seeking judicial intervention related to the arbitration award, since its rights were affected by that award.