Courts, Not Arbitrators, Decide Arbitrability of Dispute with Insurance Carrier: NY Appellate Division | Practical Law
In Monarch Consulting, Inc. v. Nat'l Union Fire Ins. Co. of Pittsburgh, the New York Supreme Court, Appellate Division voided an arbitration clause in agreements with an insurance company based on a California law requiring insurers to file their agreements with state agencies regulating insurance.The court held due to the McCarran-Ferguson Act, the state law is not pre-empted by the Federal Arbitration Act.