Jalbert v. Zurich American Insurance (In Re Payton Construction Corp.)

MEMORANDUM OF DECISION ON MOTION OF ZURICH AMERICAN INSURANCE COMPANY TO STAY OR DISMISS ADVERSARY PROCEEDING AND COMPEL ARBITRATION

HENRY J. BOROFF, Bankruptcy Judge.

By the motion before the court, Zurich American Insurance Company (“Zurich”), as an administrative claimant in the bankruptcy case of Payton Construction Company and the defendant in counterclaims asserted in the above-captioned adversary proceeding, seeks (i) an order compelling arbitration of its administrative claim and of the counterclaims asserted by the plaintiff-in-counterclaim, (ii) if the court compels arbitration as to…