Koken v. Reliance Insurance

OPINION BY

President Judge COLINS.

OPINION and ORDER

Before the Court for its consideration is New Mexico Mutual Casualty Company (NMMCC) and Southwest Casualty Company’s (SWCC) Petition for Injunctive Relief and for Relief from Stay to Compel Arbitration. 1 The pivotal issue for review is whether the Liquidator can be compelled to pursue arbitration as set forth in an insurance contract.

SWCC is a wholly owned subsidiary of NMMCC and was formed by NMMCC to allow NMMCC write higher risk insurance policies on a separate rate schedule. NMMCC and SWCC are parties to an Intercompany Treaty (Treaty)…