Gulf Insurance v. American Arbitration Ass'n

OPINION

LUONGO, District Judge.

Plaintiff, Gulf Insurance Company (Gulf), instituted this suit seeking to enjoin defendants, American Arbitration Association and William H. Smith, Administrator of the Estate of James J. Smith, Deceased, from proceeding with arbitration of a dispute between plaintiff and William Smith over coverage of an insurance policy issued by Gulf. Jurisdiction is based on diversity of citizenship. Defendant Smith has moved to dismiss the complaint under Rule 12 (b), F.R.C.P., asserting as one of the grounds failure to state a claim upon which relief can be granted. The…