Arbitration
CLMS Management Services LP, et. al. v. Amwins Brokerage of Georgia LLC, et al.
Year: 2020
Court: United States Court of Appeals Ninth Circuit
Case Number: 20-35428
Issue:
  • Arbitration
State:
  • Washington

In it brief, UP urges the Court to follow the Second Circuits lead in enforcing state anti-arbitration laws against foreign insurers just as they are enforceable against domestic insurers. As current Washington state law and Federal law (McCarran-Ferguson Act) stands, state anti-arbitration laws supersede acts…
Engalla, Nida vs. The Permanente Medical Group, Inc.
Year: 1995
Court: California Supreme Court
Case Number: SO48811
Issue:
  • Arbitration
State:
  • California

When a contract of adhesion such as in a medical plan, contains an arbitration clause, the judiciary should be able o review the arbitration systems to determine their fairness and neutrality.
Ieyoub, Richard vs. The American Tobacco Company
Year: 1997
Court: U.S. Court of Appeals, 5th Circuit
Case Number: 97-31222
Issue:
  • Arbitration
State:
  • Louisiana
Jamaica Hospital Medical Center, Inc. et al, vs. United Health Group, Inc. et al.
Year: 2006
Court: U.S. District Court, New York Eastern District
Case Number: Civil Case No. 07-0506 (SJ)
Issue:
  • Arbitration
State:
  • New York

Request to Intervene. It is unfortunate and unfair that mandatory arbitration is growing rapidly as a requirement for patients to receive necessary medical services. This Court should refuse to compel arbitration and allow the instant case to move forward to trial.
Old United Insurance Company, dba Vantage Casualty Company vs. Buhrman, Don
Year: 2005
Court: California Court of Appeal, 4th District, Division 2
Case Number: E039995
Issue:
  • Arbitration
  • Tort Damages
State:
  • California

UP argued that the policy at issue contained a compulsory arbitration clause which Insurance Company ignored, forcing insured to incur expenses for litigation as well as loss of time. Under these circumstances, damages for breach of contract are insufficient. Only a tort rationale will provide…
Arshavir Iskanian v. CLS Transportation Los Angeles, LLC
Year: 2013
Court: California Supreme Court
Case Number: S204032
Issue:
  • Arbitration
  • Futility Doctrine
State:
  • California

UP filed a brief in opposition to a ruling that would allow insurance companies to take a “wait and see” approach to arbitration. In Iskanian, the court held that a company that waives its right to compel arbitration by failing to timely file the motion…