ASW Allstate Painting & Construction Co. v. Lexington Insurance

Lexington Insurance Company (“Lexington”) appeals from the district court’s order denying its motion to compel arbitration of its dispute with ASW Allstate Painting and Construction Co., Inc. (“ASW”).

ASW entered a construction contract with Lexington’s insured, TVO Hanover (“TVO”), which contained an agreement to arbitrate any dispute between ASW and TVO arising from or related to the construction contract. Lexington notified ASW that, when it paid TVO under an insurance policy for loss by a construction-related fire allegedly caused by ASW, it became subrogated to TVO’s right to assert a…