Tag Archives: McCarran-Ferguson Act

In a Battle of Conformity and Preemption, Arbitration Prevails

The Supremacy Clause of the U.S. Constitution nullifies state laws that conflict with federal law and treaties of the U.S.  But, under the McCarran-Ferguson Act, state insurance law reverse preempts federal law that interferes with the business of insurance as regulated by the states.  This issue comes up in conflicts between anti-arbitration provisions in certain … Continue Reading

Liquidator’s Motion to Dismiss Petition to Confirm Reinsurance Arbitration Award Denied

In some states receivers may bring claims inside or outside the receivership court, including reinsurance arbitrations. In other states receivership proceedings end the ability of either party to bring a reinsurance arbitration outside of the liquidation court.  In a recent case, a receiver of an insolvent cedent commenced a reinsurance arbitration outside of the receivership … Continue Reading

State Anti-Arbitration Statutes, the New York Convention and the McCarran-Ferguson Act

Arbitration provisions in insurance or reinsurance contracts periodically are challenged based on state anti-arbitration statutes.  Often, when non-US insurers or reinsurers are involved, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention“) is raised as a basis to enforce the arbitration provisions in federal court.  The counterpoint to that … Continue Reading

The Interplay Between Subrogation, Arbitration and Insurance Insolvency

When an insurance company pays a loss on a claim, the insurance company often exercises its equitable right of subrogation to stand in the shoes of the insured and seek compensation from a third-party alleged to have caused the loss. In the property context, there may be an underlying contract that requires arbitration between the insured … Continue Reading
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