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State Farm Mutual Automobile Insurance Company v. McGee et al

RESPONSE to Motion re MOTION to Compel arbitration and stay the balance of the proceedings pending arbitration

33 Cited authorities

  1. Dean Witter Reynolds Inc. v. Byrd

    470 U.S. 213 (1985)   Cited 3,355 times   21 Legal Analyses
    Holding that the word "shall" in a separate section of the FAA constituted a mandate to the district court

  2. Shearson/Am. Express Inc. v. McMahon

    482 U.S. 220 (1987)   Cited 1,806 times   18 Legal Analyses
    Holding that an arbitration clause was enforceable under the Federal Arbitration Act with respect to a claim under the Securities Exchange Act of 1934

  3. Compucredit Corp. v. Greenwood

    565 U.S. 95 (2012)   Cited 270 times   6 Legal Analyses
    Holding that contract “parties remain free to specify” their choice of judicial forum “so long as the guarantee ” of the Act “is preserved.”

  4. PacifiCare Health Sys., Inc. v. Book

    538 U.S. 401 (2003)   Cited 239 times
    Holding that an arbitrator must decide whether statutory treble damages count as "punitive" within the meaning of an arbitration agreement

  5. Radzanower v. Touche Ross Co.

    426 U.S. 148 (1976)   Cited 510 times   1 Legal Analyses
    Holding § 78aa did not supersede narrower venue provision in National Bank Act and rejecting amicus SEC's suggestion § 78aa should apply nonetheless to facilitate consolidation of litigation as a “policy argument ... more appropriately addressed to Congress”

  6. State Farm Ins. v. Mallela

    4 N.Y.3d 313 (N.Y. 2005)   Cited 275 times   1 Legal Analyses
    Holding that "unlicensed or fraudulently licensed providers" are "ineligible for reimbursement" under New York's no-fault law

  7. Matter of Medical Society of the State v. Serio

    100 N.Y.2d 854 (N.Y. 2003)   Cited 249 times
    Holding that a provision in New York Insurance Law providing that “[t]he superintendent shall have the power to prescribe and from time to time withdraw or amend, in writing, regulations, not inconsistent with the provisions of [the Insurance Law] ... does not cede to the executive branch fundamental legislative or policymaking authority, which remains at all times with the Legislature”

  8. Fair Price Med. v. Travelers

    10 N.Y.3d 556 (N.Y. 2008)   Cited 148 times
    In Fair Price, the New York Court of Appeals precluded an insurance company from defending a complaint seeking payment of a no-fault claim on the ground that the services charged were never provided.

  9. Kramer v. Hammond

    943 F.2d 176 (2d Cir. 1991)   Cited 143 times
    Holding right to arbitration waived because plaintiff engaged in extensive litigation and only sought arbitration once it had exhausted those maneuvers

  10. Com-Tech Assoc. v. Computer Assoc. Intern

    938 F.2d 1574 (2d Cir. 1991)   Cited 138 times
    Holding that defendants had waived arbitration claim by engaging in "protracted litigation" to plaintiffs' prejudice, i.e., eighteen month delay, extensive deposition of plaintiffs, and raising issue only "in an omnibus motion for judgment on the pleadings and partial summary judgment, thereby forcing plaintiffs to litigate arbitrable issues"

  11. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 96,831 times   669 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  12. Rule 30 - Depositions by Oral Examination

    Fed. R. Civ. P. 30   Cited 16,384 times   130 Legal Analyses
    Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

  13. Section 1 - "Maritime transactions" and "commerce" defined; exceptions to operation of title

    9 U.S.C. § 1   Cited 11,993 times   208 Legal Analyses
    Defining the word "commerce" in the language of the Commerce Clause itself

  14. Section 5106 - Fair claims settlement

    N.Y. Ins. Law § 5106   Cited 1,298 times   1 Legal Analyses

    (a) Payments of first party benefits and additional first party benefits shall be made as the loss is incurred. Such benefits are overdue if not paid within thirty days after the claimant supplies proof of the fact and amount of loss sustained. If proof is not supplied as to the entire claim, the amount which is supported by proof is overdue if not paid within thirty days after such proof is supplied. All overdue payments shall bear interest at the rate of two percent per month. If a valid claim

  15. Section 5101 - Title

    N.Y. Ins. Law § 5101   Cited 296 times

    This article shall be known and may be cited as the "Comprehensive Motor Vehicle Insurance Reparations Act". N.Y. Ins. Law § 5101

  16. Section 409 - Fraud prevention plans and special investigations units

    N.Y. Ins. Law § 409   Cited 17 times   1 Legal Analyses
    Requiring that insurers maintain a special investigations unit to prevent fraud

  17. Section 65-1.1 - Requirements for minimum benefit insurance policies for personal injuries

    N.Y. Comp. Codes R. & Regs. tit. 11 § 65-1.1   Cited 391 times

    (a) Every owner's policy of liability insurance issued in satisfaction of the minimum requirements of article 6 or 8 of the Vehicle and Traffic Law and article 51 of the Insurance Law and every policy issued in satisfaction of the minimum requirements of article 44-B of the Vehicle and Traffic Law and article 40 of the General Business Law shall contain provisions providing minimum first-party benefits equal to those set out below in the mandatory personal injury protection endorsement (New York)