Legal Opinion

Republic Insurance v. Paico Receivables, LLC

Court of Appeals for the Fifth Circuit

Decided September 13, 2004No. 03-11156PublishedCited by 143 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

Republic Insurance Company (“Republic”) appeals the district court’s denial of its motion to compel arbitration of its contract dispute with PAICO Receivables, LLC (“PRLLC”). Republic claims that the district court incorrectly ruled that it waived its right to arbitrate its dispute with PRLLC. We find that Republic substantially invoked the judicial process to the prejudice of PRLLC, and the district court properly found that Republic had waived its right to arbitrate.

I

Republic was party to a reinsurance agreement between a group of insurance companies. This…

2Cases cited10 opinions

  1. Green Tree Financial Corp.-Alabama v. RandolphSupreme Court of the United States · 2000
  2. Doctor's Associates, Inc. v. Emily DistajoCourt of Appeals for the Second Circuit · 1997
  3. Miller Brewing Company v. Fort Worth Distributing Co., Inc.Court of Appeals for the Fifth Circuit · 1986
  4. Subway Equipment Leasing Corp. v. ForteCourt of Appeals for the Fifth Circuit · 1999
  5. Fed. Sec. L. Rep. P 92,790 Rayford Price and Barbara Ashley Price v. Drexel Burnham Lambert, Inc. And George WilmotCourt of Appeals for the Fifth Circuit · 1986

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3Cited by143 opinions

  1. Perry Homes v. CullTexas Supreme Court · 2008
  2. In Re Universal Underwriters of Texas Insurance Co.Texas Supreme Court · 2011
  3. Cooper v. Westend Capital Management, L.L.C.Court of Appeals for the Fifth Circuit · 2016
  4. Jones v. Halliburton Co.Court of Appeals for the Fifth Circuit · 2009
  5. Johnson Associates Corp. v. HL Operating Corp.Court of Appeals for the Sixth Circuit · 2012

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