Peoples Security Life Insurance Company v. Monumental Life Insurance Company B. Larry Jenkins Ronald J. Brittingham Thomas R. Jenkins, (Two Cases)

I respectfully dissent for the reasons given in the thorough opinion of Judge Howard in the district court, many relevant portions of which I have copied and adopt as my own. They follow.

Defendants have moved for arbitration of plaintiffs eleven-count complaint under Section 4 of the Federal Arbitration Act, 9 U.S.C. § 4, relying on the arbitration clause contained in the Agreement reached between the parties on September 13, 1984.

Oversimplified, the anatomy of defendants’ argument is as follows. They point to Count I of plaintiff’s complaint which alleges that the Agreement was fraudulently…