National American Insurance Company v. Transamerica Occidental Life Insurance Company

MELLOY, Circuit Judge.

During the course of arbitration between National American Insurance Company (“NAICO”) and Transamerica Occidental Life Insurance Company (“Transamerica”), one member of the three-member arbitration panel resigned. When the parties could not agree on a replacement process, NAICO filed suit in district court pursuant to 9 U.S.C. § 5 seeking a court-appointed replacement. Transamerica counterclaimed that NAI-CO had waived the right to arbitrate because the disputed contract was the subject of a prior arbitration. The district court 1 appointed an arbitrator and declined to…