Tag: Arbitration

Arbitration Under Insurance Policy

In Allied Professionals Insurance Company v. Fitzpatrick, et. al., 40 FLW D1070 (Fla. 4th DCA, May 6, 2015), a chiropractor purchased a professional negligence insurance policy.  The insurance policy contained a comprehensive arbitration provision which, among other things, required: 1) any claims by the insured, or anyone claiming on the insured’s behalf, to submit to arbitration; 2)… Continue Reading

SCOTUS Rules: Right or wrong, arbitrator’s interpretation stands

The United States Supreme Court in Oxford Health Plans LLC v. Sutter held that an arbitration agreement in a fee-for-services contract between physicians and a health insurance company required arbitration of a class dispute arising under the contract….

SCOTUS Rules: Right or wrong, arbitrator’s interpretation stands

The United States Supreme Court in Oxford Health Plans LLC v. Sutter held that an arbitration agreement in a fee-for-services contract between physicians and a health insurance company required arbitration of a class dispute arising under the contract….

Mandatory Arbitration Struck Down in Washington

Some insurers include mandatory arbitration clauses in their policies. Today, in WSDOT v. James River Ins. Co. (.pdf), the Washington Supreme Court ruled that those provisions are unenforceable because they violate RCW 48.18.200(1)(b). The statute stat…

Action Against Workers’ Comp Claims Administrator Not Covered by Insurer’s Arbitration Provision, Court of Appeal Rules

by Gail E. Cohen
In DMS Services, Inc. v. Superior Court, the Plaintiff brought suit in California state court for breach of contract, bad faith and related claims against the third-party administrator, or TPA, responsible for managing its workers&rsqu…

NRLB Takes Aim At 24 Hour Fitness Over Employee Arbitration Opt-Out Policy

As reported in The Recorder, (subscription required) the National Labor Relations Board has filed a formal complaint against 24 Hour Fitness, alleging the gym company’s arbitration opt-out policy compels employees to waive their rights to utilize the c…

Ninth Circuit Holds Federal Arbitration Act Preempts California Law Prohibiting Arbitration of Claims for Broad Public Injunctive Relief

On March 7, 2012, the Ninth Circuit Court of Appeals issued an opinion that significantly limits the power of California, and other states, to restrict the enforcement of arbitration agreements and class action waiver clauses.
In Kilgore, et al. v. Key…