McDonnel Group, L.L.C. v. Certain Underwriters at
Court of Appeals for the Fifth Circuit
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
*429 In this appeal, relating to arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1 we address whether a "conformity to statute" provision 2 amends the insurance contract so as to conform with a conflicting, but preempted, state statute forbidding arbitration in insurance contracts.
McDonnel Group, L.L.C. purchased an insurance policy from the defendants that included a written agreement to arbitrate disputes. After the Insurers denied McDonnel's claim, McDonnel initiated this declaratory and breach of contract action in…
2Cases cited12 opinions
- In Re Katrina Canal Breaches LitigationCourt of Appeals for the Fifth Circuit · 2007
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- Scherk v. Alberto-Culver Co.Supreme Court of the United States · 1974
- Lane v. HalliburtonCourt of Appeals for the Fifth Circuit · 2008
- Ambraco, Inc. v. Bossclip B.V.Court of Appeals for the Fifth Circuit · 2009
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