Legal Opinion

Lloyds Underwriters v. NETTERSTROM

District Court of Appeal of Florida

Decided July 16, 2009No. 1D08-5432PublishedCited by 11 opinions

1Opinion of the CourtPadovano, J.

This is an appeal from a nonfinal order determining that a party is not entitled to arbitration. We hold that the arbitration clause in the insurance policy at issue is clear and unambiguous and that the case law prohibiting arbitration of insurance coverage disputes must give way to the contrary requirements of the Federal Arbitration Act and the Convention governing international arbitration agreements. We therefore reverse.

The present controversy arose from a dispute over insurance coverage for a tort claim. Lars Nettersom died in a marine accident while working aboard a tugboat owned and…

2Cases cited17 opinions

  1. Gilmer v. Interstate/Johnson Lane Corp.Supreme Court of the United States · 1991
  2. Green Tree Financial Corp.-Alabama v. RandolphSupreme Court of the United States · 2000
  3. Southland Corp. v. KeatingSupreme Court of the United States · 1984
  4. Doctor's Associates, Inc. v. CasarottoSupreme Court of the United States · 1996
  5. Allied-Bruce Terminix Cos., Inc. v. DobsonSupreme Court of the United States · 1995

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3Cited by11 opinions

  1. VVG Real Estate Invs. v. Underwriters at Lloyd'sDistrict Court, S.D. Florida · 2018
  2. Feldkamp v. Long Bay Partners, LLCDistrict Court, M.D. Florida · 2011
  3. 12260 Group, LLC v. Independent Specialty Insurance CompanyDistrict Court, M.D. Florida · 2023
  4. Azure College, Inc. v. Bank of America CorporationDistrict Court, S.D. Florida · 2022
  5. DAK Property Holdings, Inc. v. Independent Specialty Insurance CompanyDistrict Court, M.D. Florida · 2023

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