Chip Merlin | Property Insurance Coverage Law Blog | January 15, 2019 The photograph above depicts the Merlin Law Group “War Room” during a week-long arbitration last week. Michael Duffy, Ian Dankelman, Eric Dickey, and Kelly Kubiak were the winning Merlin Law Group team obtaining a $3.1 million award on Saturday. What a way to start off the year!… Continue reading Arbitration Is an Increasing Trend Found Within Property Insurance Policies, and Arbitration is Not Appraisal
Tag: arbitration
Should Insurance Agents Get Sued for Selling Insurance Which Requires Arbitration in a Far Away Location and Deprives Their Customers of Consumer Protection Laws?
Chip Merlin | Property Insurance Coverage Law Blog | December 11, 2018 Why would any insurance agent sell a customer an insurance policy that allows the insurance company to low-ball, delay payment, and otherwise not pay, and then force the insurance customer to obtain justice through an arbitration in a far-away jurisdiction applying foreign law?… Continue reading Should Insurance Agents Get Sued for Selling Insurance Which Requires Arbitration in a Far Away Location and Deprives Their Customers of Consumer Protection Laws?
Who Decides Arbitrability? Judge Or Arbitrator? (Again)
Mack Sperling | North Carolina Business Litigation Report | September 12, 2018 Having a client required to arbitrate a case — even though that client never signed off on an arbitration provision — is nothing new. Judge Conrad dealt with that situation late last month in Charlotte Student Housing DST v. Choate Construction Co., 2018 NCBC… Continue reading Who Decides Arbitrability? Judge Or Arbitrator? (Again)
When a Flow Down Provision Doesn’t Flow Up: Oregon Appellate Court Holds That a Flow Down Provision From a Prime Contract With an Arbitration Clause Does Not Grant Subcontractors a Right to Compel Arbitration With Owner
R. Zachary Torres-Fowler | Pepper Hamilton LLP | September 27, 2018 Eugene Water & Elec. Bd. v. MWH Americas, Inc., 2018 Ore. App. LEXIS 879 (July 25, 2018) On July 25, 2018, an Oregon appellate court concluded that a pair of subcontractors could not compel an owner to arbitrate its claims against them by virtue… Continue reading When a Flow Down Provision Doesn’t Flow Up: Oregon Appellate Court Holds That a Flow Down Provision From a Prime Contract With an Arbitration Clause Does Not Grant Subcontractors a Right to Compel Arbitration With Owner
Third Parties in Construction Arbitration Cases Can be Compelled to Produce Documents
Sunu M. Pillai | Construction Industry Counselor | September 25, 2018 Contrary to what many construction contractors and owners may believe, construction arbitration often involves substantial document production. This may include production of documents from third parties not directly involved in the arbitration. The question often arises as to whether an arbitrator can compel production… Continue reading Third Parties in Construction Arbitration Cases Can be Compelled to Produce Documents