Illinois Casualty Company v. Jessica Burciaga

Summary

The Indiana Supreme Court held that incorporating the American Arbitration Association rules into an arbitration agreement constitutes clear and unmistakable evidence that the parties delegated threshold arbitrability questions to an arbitrator. Because the insured clubs’ policies incorporated those rules only beginning in 2016, Models asserting 2016-and-later claims must arbitrate arbitrability, while Models asserting pre-2016 claims cannot compel arbitration because no arbitration agreement existed for those claims. The court affirmed in part and reversed in part.