Legal Opinion

Security Insurance v. TIG Insurance

Court of Appeals for the Second Circuit

Decided March 2, 2004No. Docket No. 03-7773PublishedCited by 1 opinion

1Opinion of the Court

WESLEY, Circuit Judge.

This case presents a recurring and troubling theme in many commercial contracts: to what extent must a court — confronted with a choice-of-law provision in a contract — incorporate the designated state’s statutory and common law governing arbi-trations even when doing so seems contrary to the Federal Arbitration Act (“FAA”)?

I. Background

TIG Insurance Company (“TIG”) and Security Insurance Company of Hartford (“Security”) entered into a contract (“Reinsurance Agreement”) whereby Security agreed to reinsure a portion of TIG’s liability for certain workers’ compensation…

2Cases cited15 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
  3. Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
  4. Doctor's Associates, Inc. v. CasarottoSupreme Court of the United States · 1996
  5. Mastrobuono v. Shearson Lehman Hutton, Inc.Supreme Court of the United States · 1995

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3Cited by1 opinion

  1. Security Insurance Company Of Hartford v. Tig Insurance CompanyCourt of Appeals for the Second Circuit · 2004

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