§Why CasetextPricing

Riceland Foods Inc v. Liberty Mutual Insurance Company

RESPONSE in Opposition re MOTION to Dismiss or Stay This Action In Favor of Arbitration

23 Cited authorities

  1. American Bankers Ins. Co. of Florida v. Inman

    436 F.3d 490 (5th Cir. 2006)   Cited 86 times   1 Legal Analyses
    Holding that Mississippi statute prohibiting required arbitration of disputes stemming from uninsured and underinsured motorist coverage provisions of personal automobile insurance policies reverse preempts Federal Arbitration Act

  2. Brock v. Townsell

    2009 Ark. 224 (Ark. 2009)   Cited 46 times

    No. 08-807 Opinion Delivered April 23, 2009 Appeal from the Faulkner County Circuit Court No. CV-2004-619, Hon. David Lee Reynolds, Judge, Affirmed. ANNABELLE CLINTON IMBER, Associate Justice Appellant Herman Brock appeals an order of the Faulkner County Circuit Court dismissing his complaint and granting summary judgment in favor of Appellee Tab Townsell, Mayor of the City of Conway, Arkansas. On appeal, Brock argues that the circuit court erred in finding, as a matter of law, that the land-use

  3. Murphy Oil USA, Inc. v. Unigard Security Insurance

    347 Ark. 167 (Ark. 2002)   Cited 54 times

    00-1408 Opinion Delivered December 6, 2001 [Petition for rehearing denied January 10, 2002.] 1. Insurance — duty to defend — general rule. — In examining the duty to defend, the supreme court has recognized the general rule that the allegations in the pleadings against the insured determine the insurer's duty to defend; the supreme court has also recognized that the duty to defend is broader than the duty to indemnify. 2. Insurance — duty to defend — when duty arises. — The duty to defend arises

  4. Standard Sec. Life Ins. Co. of N.Y. v. West

    267 F.3d 821 (8th Cir. 2001)   Cited 39 times   1 Legal Analyses
    Holding that a Missouri state law excepting insurance contracts from an arbitration law regulated the business of insurance because it applied to the processing of disputed claims and had a substantial effect on the insurer-insured relationship

  5. Mutual Reinsurance Bureau v. Great Plains Mut

    969 F.2d 931 (10th Cir. 1992)   Cited 49 times   1 Legal Analyses
    Holding arbitration clause in reinsurance agreement unenforceable under Kansas statute

  6. McKnight v. Chicago Title Insurance Co, Inc.

    358 F.3d 854 (11th Cir. 2004)   Cited 28 times   3 Legal Analyses
    Holding that the MFA reverse preempted the FAA as to a Georgia statute that forbade arbitration in contracts of insurance

  7. Southern Farm Bureau v. Craven

    79 Ark. App. 423 (Ark. Ct. App. 2002)   Cited 25 times

    CA 02-543 Opinion Delivered November 13, 2002 1. JUDGMENT — SUMMARY JUDGMENT — APPELLATE REVIEW. — Normally, in an appeal from a summary judgment, the evidence is viewed most favorably to the party resisting the motion, and any doubts and inferences are resolved against the moving party; but when the parties agree on the facts, the appellate court need only determine whether the appellee was entitled to judgment as a matter of law. 2. JUDGMENT — SUMMARY JUDGMENT — APPROPRIATE WHERE BOTH SIDES AGREED

  8. Ison v. Southern Farm Bureau Casualty Co.

    93 Ark. App. 502 (Ark. Ct. App. 2006)   Cited 18 times

    No. CA 05-313. Opinion delivered January 11, 2006. 1. INSURANCE — UNAMBIGUOUS AUTO INSURANCE CONTRACT PROVIDED NO COVERAGE FOR VEHICLE TAKEN WITHOUT PERMISSION. — An auto insurance policy unambiguously extended coverage for non-listed autos and for individuals that were not named insureds, spouses, or drivers, under very limited circumstances, and required that all "dependent relatives living in [the insureds'] household" have permission to use "another private passenger auto"; the policy did not

  9. IGF Insurance v. Hat Creek Partnership

    349 Ark. 133 (Ark. 2002)   Cited 16 times
    Finding FAA preempts state arbitration statute in a crop insurance contract case

  10. Madden v. Continental Casualty Company

    53 Ark. App. 250 (Ark. Ct. App. 1996)   Cited 18 times

    CA 95-297 Opinion delivered May 15, 1996 1. JUDGMENT — SUMMARY JUDGMENT — WHEN GRANTED. — Summary judgment is an extreme remedy and should be granted only when a review of the pleadings, depositions, and other filings reveal there is no genuine issue as to any material fact, and the moving party is entitled to judgment as a matter of law; in considering a motion for summary judgment the court views the facts in the light most favorable to the party against whom the judgment is sought; all inferences

  11. Section 2 - Validity, irrevocability, and enforcement of agreements to arbitrate

    9 U.S.C. § 2   Cited 10,945 times   119 Legal Analyses
    Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"

  12. Section 1012 - Regulation by State law; Federal law relating specifically to insurance; applicability of certain Federal laws after June 30, 1948

    15 U.S.C. § 1012   Cited 1,022 times   29 Legal Analyses
    Establishing an exception to the reverse preemption rule where federal law "specifically relates to the business of insurance."

  13. Section 435.350 - Validity of arbitration agreement, exceptions

    Mo. Rev. Stat. § 435.350   Cited 73 times   4 Legal Analyses
    Excluding "contracts of insurance" from arbitrability

  14. Section 16-108-201 - Definitions

    Ark. Code § 16-108-201   Cited 38 times   2 Legal Analyses

    In this subchapter: (1) "Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator. (2) "Arbitrator" means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate. (3) "Court" means a court of competent jurisdiction in this State. (4) "Knowledge" means actual knowledge

  15. Section 16-108-202 - Notice

    Ark. Code § 16-108-202   Cited 9 times

    (a) Except as otherwise provided in this subchapter, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice. (b) A person has notice if the person has knowledge of the notice or has received notice. (c) A person receives notice when it comes to the person's attention or the notice is delivered at the person's place of residence or place of business, or at

  16. Section 16-108-223 - Vacating award

    Ark. Code § 16-108-223   Cited 6 times
    Imposing a 90-day statute of limitations for a motion to vacate an arbitrator's award

  17. Section 23-79-203 - Trial by jury

    Ark. Code § 23-79-203   Cited 2 times

    (a) No insurance policy or annuity contract shall contain any condition, provision, or agreement which directly or indirectly deprives the insured or beneficiary of the right to trial by jury on any question of fact arising under the policy or contract. (b) All such provisions, conditions, or agreements shall be void. Ark. Code § 23-79-203 Acts 1959, No. 148, § 300; A.S.A. 1947, § 66-3233.