In the Matter of Monarch Consulting, Inc., Respondents v. National Union Fire Insurance Company of…

Summary

The New York Court of Appeals held that the McCarran‑Ferguson Act does not reverse‑preempt the Federal Arbitration Act with respect to California Insurance Code § 11658, that the FAA therefore applies to the parties’ workers’ compensation payment agreements and their arbitration clauses, and that the delegation clause in the agreements requires arbitrators—not the court—to decide arbitrability. The appellate division’s order denying arbitration was reversed.