West Virginia House Bill 4230, approved by Governor Justice on March 27, amends the statutory requirements relating to when an insurer may claim credit for reinsurance to conform to the NAIC model law.

The court applied a two-part "intertwined-ness test" to determine whether an arbitration agreement allowed a non-signatory to invoke equitable estoppel to compel arbitration

A delegation clause that gave the arbitrators "exclusive jurisdiction over the entire matter in dispute, including any question as to its arbitrability," was found insufficient to require submission to the arbitrators ...

In a dispute over the scope of a mandatory arbitration provision, the Sixth Circuit rejected the argument that it is required by the Federal Arbitration Act's presumption ...

It's a cardinal rule that to preserve an argument at trial, counsel must make a contemporaneous objection.

A choice of law provision within an arbitration agreement selecting Maryland law was held unenforceable in so far as it would result in waiver of claims under the California Private Attorneys General Act...

An employer did not waive its right to compel arbitration under an employment agreement by seeking to set aside a default in an employment discrimination suit brought against it by its employee.

As this case demonstrates, when an insurer relies on a prior acts exclusion to deny coverage, it not only must establish the wrongful prior act, it must also demonstrate the link between the prior wrongful act and the claim made during the policy period.

The receiver for Gramercy Insurance Company sought to avoid arbitration of a reinsurance dispute with Contractor's Bonding, Ltd., by arguing the FAA was reverse preempted under the McCarron-Ferguson Act.

The Ninth Circuit Court of Appeals joined the Second, Third and Fourth Circuits in so holding.

In a breach of contract and bad faith case emanating from an insurer's refusal to settle an underlying case within policy limits, the insurer was unsuccessful in its attempt to protect documents...

Ninth Circuit: Unconscionability Arguments Directed Solely At Class Action Waiver Provisions In Arbitration Agreements Are Foreclosed By Concepcion.

A contractual arbitration clause may not be avoided by the allegation of "private attorney general" claims that are not arbitrable on public policy grounds in conjunction with claims raised on an individual basis...

Insurance regulators in Iowa and Virginia have adopted the NAIC's Model Rules regulating term and universal life insurance reserve financing.

Odyssey obtained a judgment against Cal-Regent in 2015 for $3.2 million to recover the amount of return commissions it was owed.