Arbitration and Insurance Contract

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CFC of Delaware, LLC., v. Santalucia, et. al., 37 Fla. L. Weekly D1590a, Case No. 4D11-3526, filed on July 5, 2012. Court reversed and remanded trial court’s holding denying life insurance company’s Motion to Compel Arbitration based on fraud in the inducement of the insurance contract, since the arbitration provision contained therein was not the subject of the fraud. Accordingly, following the long line of cases since the U. S. Supreme Court’s 2006 decision in Buckeye Check Cashing v. Cardegna (546 U. S. 440) leaving such determinations up to the arbitrator. (from RPPTL Subcommittee).


Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602
(813) 579-3278


Comments

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