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 receiver argued the federal court should abstain from exercising jurisdiction and remand the case to state court under Burford v. Sun Oil Co. The court noted, however, that Burford abstention is appropriate only when the district court has discretion to grant or deny relief. CBL argued the court lacked discretion regarding whether to compel arbitration under the FAA. The receiver argued the FAA was inapplicable because it was reverse preempted by the McCarron-Ferguson Act.
A state law may only reverse preempt a federal statute where, among other things, the "federal statute operates to invalidate, impair, or supersede the state law." The FAA did not impair or supersede the relevant state statute because the statute expressly provided that it did not "deprive[] a party of any contractual right to pursue arbitration." As such, the court denied the receiver's motion to remand and enforced the forum selection clause contained within the party's agreement by transferring the case pursuant to CBL's motion. Gramercy Ins. Co. v. Contractor's Bonding, Ltd. No. AU-17-CA-00723-SS (USDC W.D. Tex. Jan. 19, 2018).
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