(Brennan Linsley Associated Press)
"This is an insurance coverage dispute." 5556 Gasmer Mgt LLC v. Underwriters at Lloyd's, London, ___ F. Supp. 3d ___, No. 19-cv-00974, 2020 WL 2813599, at *1 (S.D. Tex. May 29, 2020). The coverage dispute arose as to the coverage provided under a commercial property insurance policy.
In that insurance coverage dispute, the federal court was confronted with motions to arbitrate filed by "Insurer Defendants" and by "Broker Defendants."
The policy at issue contained a broad, express arbitration provision governing "[a]ll matters ... in relation to this insurance[.]" "This Court agrees that all means just that -- all." 5556 Gasmer, 2020 WL 2813599, at *3 (emphasis by the Court).
The carriers were signatories to the insurance policy which included this express provision. The brokers were not signatories.
Accordingly, the court in that case granted the insurance carriers' motion to arbitrate and denied the brokers' motion to arbitrate. The court further stayed all proceedings "until the arbitral proceedings conclude in their entirety." 5556 Gasmer, 2020 WL 2813599, at *1.
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