Federal Cases
Seventh Circuit: FAA Does Not Require Court to Stay Entire Case When Only Some Issues Are Subject to Arbitration
Volkswagen of America, Inc. v. Süd’s of Peoria, Inc., No. 05-3276, 2007 WL 209983 (7th Cir. Jan. 29, 2007)
1/29/2007
The Seventh Circuit Court of Appeals held that section 3 of the Federal Arbitration Act (FAA) does not require a court to stay an entire case when only some of the issues are subject to arbitration. Instead, courts may exercise discretion in deciding whether to stay the entire case.
In Volkswagen of America, Inc. v. Süd’s of Peoria, Inc., No. 05-3276, 2007 WL 209983 (7th Cir. Jan. 29, 2007), Süds contracted with Volkswagen to open a Volkswagen dealership... Full Story
Arbitrator Must Decide Whether a Party Has Waived Right to Arbitrate, Unless Alleged Waiver Is Based on Litigation Conduct
Boateng v. General Dynamics Corp., No. 05-40222-FDS, 2007 WL 196833 (D. Mass. Jan. 26, 2007)
1/26/2007
In ordering arbitration of an employment dispute, a federal court in Massachusetts held that the arbitrator must decide whether the employer waived its right to demand arbitration by not complying with the requirements of its dispute resolution policy.
In Boateng v. General Dynamics Corp., No. 05-40222-FDS, 2007 WL 196833 (D. Mass. Jan. 26, 2007), Boateng sued General Dynamics, her former employer, for alleged race discrimination... Full Story
Party Can Seek an Order Compelling Arbitration When Opposing Party Refuses to Arbitrate in Designated Locale
In re Cintas Corp. Overtime Pay Arbitration Litigation, No. C 06-1781 SBA, 2007 WL 137149 (N.D. Cal. Jan. 12, 2007)
1/12/2007
In construing section 4 of the Federal Arbitration Act (FAA), a federal court in California held that a party refuses "to arbitrate under a written agreement for arbitration" when they agree to arbitrate but refuse to arbitrate in the location specified in the agreement.
In In re Cintas Corp. Overtime Pay Arbitration Litigation, No. C 06-1781 SBA, 2007 WL 137149 (N.D. Cal. Jan. 12, 2007), numerous plaintiffs filed a class action against Cintas, their employer, seeking overtime and back pay under the Fair Labor Standards Act.
Cintas filed a motion to compel arbitration. The Court ordered most of the plaintiffs to arbitrate, and those plaintiffs subsequently filed a demand for class-wide arbitration... Full Story
FAA Preempts Pennsylvania Law Restricting Agreements to Arbitrate Out of State
S & G Electric, Inc. v. Normant Security Group, Inc., No. 06-3759, 2007 WL 210517 (E.D. Pa. Jan. 24, 2007)
1/24/2007
In ordering parties to a construction dispute to arbitrate in Alabama, a Pennsylvania federal court held that the Federal Arbitration Act (FAA) preempted the application of a Pennsylvania law that precludes the enforcement of an arbitration agreement requiring a subcontractor to arbitrate out of state.
In S & G Electric, Inc. v. Normant Security Group, Inc., No. 06-3759, 2007 WL 210517 (E.D. Pa. Jan. 24, 2007), Normant subcontracted the electrical work on a Pennsylvania construction project to S&G Electric. The subcontract contained an arbitration clause which provided that all disputes would be resolved through arbitration in Montgomery, Alabama... Full Story
Citing Waffle House, Federal Court in Florida Holds E.E.O.C. Is Not Compelled to Arbitrate, but Limits Employee's Ability to Intervene
E.E.O.C. v. Taco Bell of America, Inc., No. 8:06-ev-1792-T-30MAP (M.D. Fla. Jan. 23, 2007)
1/23/2007
Citing the Supreme Court's holding in E.E.O.C. v. Waffle House, Inc., 534 U.S. 279 (2002), a federal district court in Florida denied an employer's request to compel arbitration of claims brought by the E.E.O.C. pursuant to an employer-employee contract.
In E.E.O.C. v. Taco Bell of America, Inc., No. 8:06-ev-1792-T-30MAP (M.D. Fla. Jan. 23, 2007), employer Taco Bell asked the Court to compel the E.E.O.C. to arbitrate an employment dispute involving one of their employees who signed an agreement to arbitrate. The E.E.O.C. claimed it was not bound to arbitrate because it was not a party to the agreement. The Court agreed... Full Story
Court Compels Arbitration of Dispute Arising Out of Loan Agreement
Gilchrist v. Citifinancial Services, Inc., No. 6:06-cv-1727-Orl-31KRS, 2007 WL 177821 (M.D. Fla. Jan. 19, 2007)
1/19/2007
A Florida federal court ordered parties to arbitration pursuant to a broad arbitration agreement covering all disputes relating to a loan agreement.
In Gilchrist v. Citifinancial Services, Inc., No. 6:06-cv-1727-Orl-31KRS, 2007 WL 177821 (M.D. Fla. Jan. 19, 2007), Gilchrist filed a complaint against Citifinancial, alleging a variety of torts stemming out of Citifinancial's alleged failure to pay off existing loans on Gilchrist's property... Full Story
Federal District Court in Louisiana Finds No Waiver of Arbitration Rights Even Where Much Preliminary Trial Work Completed
American Equity Underwriters, Inc. v. Ameri-Force, Inc, Nos. 06-0055, C/W 06-1753, 2007 WL 128825 (E.D. La. Jan. 17, 2007)
1/17/2007
A federal court in Louisiana held that even though a party had amended a complaint, answered a cross-claim, and conducted limited discovery, it had not substantially invoked the judicial process to such a degree that it had waived its contractual right to arbitration.
In American Equity Underwriters, Inc. v. Ameri-Force, Inc, Nos. 06-0055, C/W 06-1753, 2007 WL 128825 (E.D. La. Jan. 17, 2007), American Equity Underwriters (AEU) provided Ameri-Force (AFI) with indemnity insurance for worker's compensation claims... Full Story
Discovery in Litigation with Third Party Does Not Constitute Waiver of Arbitration Rights
Motors Insurance Corp. v. PASCO, Inc., No. 5:06 CV 2911, 2007 WL 184718 (N.D. Ohio Jan. 19, 2007)
1/19/2007
A party does not waive its right to arbitrate when it conducts discovery of the opposing party's documents for litigation with a third party, a federal court in Ohio held.
In Motors Insurance Corp. v. PASCO, Inc., No. 5:06 CV 2911, 2007 WL 184718 (N.D. Ohio Jan. 19, 2007), Motors Insurance Corp. (MIC) and PASCO entered into an agreement containing an arbitration clause. PASCO had been involved in litigation with a third party, and in the course of this litigation obtained discovery documents from MIC... Full Story
Delaware Court Refuses to Compel Arbitration Pursuant to Arbitration Agreement in Separate Contract
Hough Associates, Inc. v. Hill, No. Civ. A. 2385-N, 2007 WL 148751 (Del. Ch. Jan. 17, 2007)
1/17/2007
A state court in Delaware held that an arbitration agreement contained in one agreement may not be used to compel arbitration of disputes arising out of a separate agreement between the parties, even though both agreements were signed on the same day, when the dispute arises out of an agreement that does not contain an arbitration clause.
In Hough Associates, Inc. v. Hill, No. Civ. A. 2385-N, 2007 WL 148751 (Del. Ch. Jan. 17, 2007), Hill, an employee of Hough, worked for twenty years as the head of an electrical and instrumental engineering team for Hough's client Dupont... Full Story
State Cases
California State Court Confirms Arbitration Award Despite Claim of Arbitrator Failure to Disclose
Evans v. Terminix International Co., No. F05166, 2007 WL 158629 (Cal. Ct. App. Jan. 23, 2007)
1/23/2007
A state court in California confirmed an arbitration award over objections that the arbitrator failed to properly disclose his relationship with another arbitrator because the party did not object to the arbitrator after the relationship was disclosed and failed to present evidence that any additional disclosure was required.
In Evans v. Terminix International Co., No. F05166, 2007 WL 158629 (Cal. Ct. App. Jan. 23, 2007), Evans, a former employee of Terminix, filed a wrongful termination suit against Terminix. The parties' dispute was submitted to arbitration... Full Story
Arbitrator's Finding of Non-Arbitrability Constitutes Final Award
City of Stamford v. Stamford Police Association, Inc., No. FSTCV064008788S, 2006 WL 3908533 (Conn. Super. Ct. Dec. 27, 2006)
12/27/2006
A state court in Connecticut held that an arbitrator's determination that a dispute is not arbitrable constitutes a final award permitting judicial confirmation.
In City of Stamford v. Stamford Police Association, Inc., No. FSTCV064008788S, 2006 WL 3908533 (Conn. Super. Ct. Dec. 27, 2006), the Stamford Police Association (Police) demanded arbitration, alleging that the City of Stamford (City) violated a collective bargaining agreement... Full Story
Hawaii Recognizes Litigation Privilege for Attorneys in Arbitration Proceedings
Kahala Royal Corp. v. Goodsill Anderson Quinn & Stifel, Nos. 26669, 26670, 2007 WL 64740 (Haw. Jan. 11, 2007)
1/11/2007
The Supreme Court of Hawaii has held that the attorneys of parties to arbitration are protected by the litigation privilege, which shields them from liability to their client's adversary absent proof of malicious prosecution, abuse of process, or fraud.
In Kahala Royal Corp. v. Goodsill Anderson Quinn & Stifel, Nos. 26669, 26670, 2007 WL 64740 (Haw. Jan. 11, 2007), Kahala Royal (KRC) initiated arbitration proceedings against Mandarin Oriental Holdings (MOH) for failing to properly oversee and control affiliates that operate and manage KRC's hotels... Full Story
Award Confirmed Despite Objections to Arbitrator's Legal Reasoning and Acceptance of Additional Evidence
Q Capital Corp. v. Wilmington Trust Co., No. A-2780-05T5, 2007 WL 93231 (N.J. Super. App. Div. Jan. 12, 2007)
1/12/2007
A New Jersey state court confirmed a $22 million arbitration award over objections to the legal reasoning of the arbitrator and the arbitrator's receipt of a supplemental report.
In Q Capital Corp. v. Wilmington Trust Co., No. A-2780-05T5, 2007 WL 93231 (N.J. Super. App. Div. Jan. 12, 2007), Q Capital financed its purchase of receivables with Wilmington. Problems arose from the agreement and the parties agreed to settle their dispute in arbitration... Full Story
New York Law Requires Stay of Arbitration to be Requested Within 20 Days
In re State Farm Ins. Co. (DeSarbo), 2007 N.Y. Slip Op. 00439, 2007 WL 174471 (N.Y. App. Div. Jan. 25, 2007)
1/25/2007
A state court in New York refused to stay arbitration proceeding despite the requesting party's argument that the initial demand for arbitration had been mailed to the wrong office.
In In re State Farm Ins. Co. (DeSarbo), 2007 N.Y. Slip Op. 00439, 2007 WL 174471 (N.Y. App. Div. Jan. 25, 2007), DeSarbo sought underinsurance benefits from his insurance company, State Farm, and sent a demand for arbitration to a local State Farm office... Full Story
Mississippi Supreme Court Upholds Agreement to Arbitrate Questions of Arbitrability
Greater Canton Ford Mercury, Inc. v. Ables, No. 2005-CA-01316-SCT, 2007 WL 273502 (Miss. Feb. 1, 2007)
2/1/2007
In a dispute arising from the sale of a motor vehicle, the Mississippi Supreme Court held that the lower court exceeded its authority in deciding whether the buyer's allegations of fraud fell within the scope of the parties' arbitration agreement because there was clear and unmistakable evidence that the parties had agreed to submit questions of arbitrability to the arbitrator.
In Greater Canton Ford Mercury, Inc. v. Ables, No. 2005-CA-01316-SCT, 2007 WL 273502 (Miss. Feb. 1, 2007), Ables bought a motor vehicle from Greater Canton Ford Mercury (GCFM) on an installment contract. The contract contained an arbitration clause which applied to all claims relating to the contract, including "claims regarding the interpretation, scope or validity of th[e] clause or arbitrability of any issue"... Full Story
ADR Legislation & Regulation
FEDERAL LEGISLATION
No new federal legislation.
STATE LEGISLATION
CO H 1103
SPONSOR: Buescher [D]
TITLE: Malt Beverage Suppliers and Wholesalers
INTRODUCED: 01/12/2007
LAST AMEND: 01/29/2007
DISPOSITION: Pending
LOCATION: Senate Business, Labor and Technology Committee
Commentary: Allows for arbitration of disputes between wholesalers and other parties (suppliers/other wholesalers) relating to the sale of malt beverages. Arbitration shall be conducted under the terms of the Uniform Arbitration Act, and shall determine the fair market value of the existing wholesaler's right to distribute the product in the existing wholesaler's territory.
CO H 1215
SPONSOR: McGihon [D]
TITLE: Uniform Debt Management Services Act
INTRODUCED: 01/31/2007
DISPOSITION: Pending
LOCATION: House Business Affairs and Labor Committee
Commentary: In an agreement providing debt management services, there should be no "provision that modifies or limits otherwise available forums or procedural rights, including the right to trial by jury," except as provided by Part 2 of the UAA.
CO H 1249
SPONSOR: Primavera [D]
TITLE: Movers of Household Goods
INTRODUCED: 02/01/2007
DISPOSITION: Pending
LOCATION: House Transportation and Energy Committee
Commentary: Creates a binding arbitration process for the resolution of disputes between a customer (shipper) and a mover. Makes the use of binding arbitration optional for the shipper. If the shipper chooses binding arbitration, requires the mover to participate in the process in good faith and to abide by the terms of the arbitrator's award. Applies to moving and accessorial services provided on or after July 1, 2007.
CT H 7024
INTRODUCER: Joint Public Safety and Security
TITLE: Creating An Intrastate Mutual Aid System
INTRODUCED: 02/01/2007
DISPOSITION: Pending
LOCATION: Joint Committee on Public Safety and Security
Commentary: Creates an intrastate mutual aid system for municipalities. Any dispute between political subdivisions regarding reimbursement shall be resolved by the parties not later than thirty days after written notice of the dispute by the party asserting noncompliance. If the dispute is not resolved within ninety days of the notice of the claim, either party may request that the dispute be resolved through arbitration. Any such arbitration shall be conducted under the commercial arbitration rules of the American Arbitration Association.
CT S 1059
INTRODUCER: Joint General Law
TITLE: Concerning The New Motor Vehicle Lemon Law
INTRODUCED: 01/30/2007
DISPOSITION: Pending
LOCATION: Joint Committee on General Law
Commentary: Concerning Motor Vehicle Lemon Laws, the Department of Consumer Protection may refer an arbitration dispute to the American Arbitration Association or other arbitration association in accordance with regulations adopted in accordance with the provisions of chapter 54.
IA HSB 143
AUTHOR: Human Resources Cmt
TITLE: Placement of Children
INTRODUCED: 02/01/2007
DISPOSITION: Pending
LOCATION: House Human Resources Committee
Commentary: Provides for an Interstate Compact on the Placement of Children. The Commission shall promulgate rules for mediation of disputes among compacting states.
IA SSB 1136
AUTHOR: Human Resources Cmt
TITLE: Placement of Children
INTRODUCED: 01/30/2007
DISPOSITION: Pending
LOCATION: Senate Human Resources Committee
Commentary: Provides for the Interstate Compact for the Placement of Children. Allows the commission to promulgate rules providing for mediation between compacting states.
IL H 477
SPONSOR: Flowers [D]
TITLE: Health Care Practitioner Profile Act
INTRODUCED: 01/30/2007
DISPOSITION: Pending
LOCATION: House Rules Committee
Commentary: Requires disclosure of certain malpractice arbitration awards, including: "(5) any civil judgments and arbitration awards in which a payment was awarded to a complaining party relating to the practice of funeral directing during the most recent 5 years and all settlements of such claims in which a payment was made to a complaining party within the most recent 5 years."
IL H 501
SPONSOR: Sacia [R]
TITLE: Used Vehicle Buyer Protection Act
INTRODUCED: 01/30/2007
DISPOSITION: Pending
LOCATION: House Rules Committee
Commentary: Provides remedies for the consumer and civil penalties against the used vehicle dealer for failure to honor a warranty. Provides for arbitration of disputes concerning the warranty.
IL S 2796 (2005)
SPONSOR: del Valle [D]
TITLE: Individualized Educational Programs
INTRODUCED: 01/20/2006
LAST AMEND: 05/04/2006
ENACTED: 02/02/2007
DISPOSITION: Enacted
LOCATION: Chaptered
PUBLIC ACT: 94 1100
Commentary: Amends School Code to allow for mediation of disputes related to disabled children.
MD S 288
AUTHOR: Kelley [D]
TITLE: Real Property
INTRODUCED: 01/30/2007
DISPOSITION: Pending
LOCATION: Senate Judicial Proceedings Committee
Commentary: In common ownership community disputes, allows for arbitration and mediation of disputes, and includes provisions for maintaining a list of approved arbitrators.
MD S 371
AUTHOR: Muse [D]
TITLE: Interstate Compact for Juveniles
INTRODUCED: 02/01/2007
DISPOSITION: Pending
LOCATION: Senate Judicial Proceedings Committee
Commentary: Implements the Interstate Compact for Juveniles and allows for mediation of disputes between compacting states.
ME H 373
LD: 489
AUTHOR: Tuttle [D]
TITLE: Consumer Protection Division
INTRODUCED: 02/01/2007
DISPOSITION: Pending
LOCATION: Joint Committee on Judiciary
Commentary: Requires the Attorney General to assist consumers who reached a solution in mediation with a business, but one side failed to uphold their end of the agreement.
MT H 409
AUTHOR: Sinrud [R]
TITLE: Motorsport Vehicle Manufacturers Trade Practices
INTRODUCED: 01/22/2007
LAST AMEND: 02/01/2007
DISPOSITION: Pending
LOCATION: HOUSE
Commentary: Prohibits any provisions in a motorsport vehicle manufacturer/dealer agreement that "require that any arbitration proceedings or legal action between the parties take place in a venue other than the state of Montana."
MT S 74
AUTHOR: Jent [D]
TITLE: Title Loan Act
INTRODUCED: 01/03/2007
LAST AMEND: 01/31/2007
DISPOSITION: Pending
LOCATION: HOUSE
Commentary: A title loan arbitration clause may not be oppressive or unconscionable mandatory arbitration clauses complying with AAA rules will be presumptively valid.
MT S 165
AUTHOR: Brueggeman [R]
TITLE: Deferred Deposit Loan Act
INTRODUCED: 01/03/2007
LAST AMEND: 02/02/2007
DISPOSITION: Pending
LOCATION: SENATE
Commentary: In deferred deposit loans, prohibits unconscionable mandatory arbitration clauses, but presumes that those complying with AAA rules are valid.
NJ S 20
SPONSOR: Codey [D]
TITLE: Homestead Credits
INTRODUCED: 01/29/2007
DISPOSITION: Pending
LOCATION: SENATE
Commentary: Establishes homestead credits to reduce property taxes; imposes 4% cap on local tax levies; permits Local Finance Board to define capital and non bondable current expenses. Includes provisions for arbitration and mediation.
NM H 766
AUTHOR: Berry [R]
TITLE: Consumer Protection
INTRODUCED: 01/31/2007
DISPOSITION: Pending
LOCATION: House Consumer and Public Affairs Committee
Commentary: Relates to consumer protection; clarifies the applicability of the unfair practices act; clarifies the basis for a private remedy; amends sections of the unfair practices act. Provides for mediation with persons likely to be damaged by an unfair or deceptive trade practice or by an unconscionable trade practice.
NY A 3837
SPONSOR: Barclay [R]
TITLE: Automobile Insurance Fraud and Premium Reduction Act
INTRODUCED: 01/29/2007
DISPOSITION: Pending
LOCATION: Assembly Insurance Committee
Commentary: Enacts the New York Automobile Insurance Fraud and Premium and Reduction Act; provides for arbitration of insurer's liability to pay first party benefits.
OK H 1926
AUTHOR: McDaniel [D]
TITLE: Department of Human Services Reimbursement Review
INTRODUCED: 02/05/2007
DISPOSITION: Pending
LOCATION: HOUSE
Commentary: Related to health and human services; provides for mediation by an independent entity chosen by the parties to the contract in the event of contract disputes.
OK S 937
AUTHOR: Coates [R]
TITLE: Fair Pay for Construction Act
INTRODUCED: 02/05/2007
DISPOSITION: Pending
LOCATION: SENATE
Commentary: Amends existing "Fair Pay for Construction Act," which makes any construction contract clause requiring arbitration to take place in another state unenforceable.
PA H 56
PN: 81
AUTHOR: Killion [R]
TITLE: Judiciary and Judicial Procedure Code
INTRODUCED: 01/30/2007
DISPOSITION: Pending
LOCATION: House Judiciary Committee
RI H 5275
AUTHOR: Ucci [D]
TITLE: Fair Dealership Act
INTRODUCED: 02/01/2007
DISPOSITION: Pending
LOCATION: House Corporations Committee
Commentary: The bill provides protection for dealership owners from the superior economic power of dealership grantors, but does not apply to arbitration agreement under certain circumstances.
RI S 211
AUTHOR: McCaffrey [D]
TITLE: Labor And Labor Relations
INTRODUCED: 01/31/2007
DISPOSITION: Pending
LOCATION: Senate Labor Committee
Commentary: Establishes a Rhode Island public policy favoring arbitration of labor disputes.
SC H 3396
AUTHOR: Cato [R]
TITLE: Cable Television Services
INTRODUCED: 01/31/2007
DISPOSITION: Pending
LOCATION: House Labor, Commerce and Industry Committee
Commentary: Amends existing law relating to cable television services, including mediation provisions.
SC S 374
AUTHOR: McConnell [R]
TITLE: Video Service Providers
INTRODUCED: 01/31/2007
DISPOSITION: Pending
LOCATION: Senate Judiciary Committee
Commentary: Excludes video services from the definition of retail telecommunications services; amends other provisions of a law that includes mediation of disputes.
TX H 1079
AUTHOR: Naishtat [D]
TITLE: Emergency Medical Services
INTRODUCED: 02/02/2007
DISPOSITION: Pending
LOCATION: HOUSE
Commentary: Provides for "Binding interest" arbitration related to the conditions of employment for emergency medical services personnel employed by certain municipalities.
TX S 354
AUTHOR: Carona [R]
TITLE: Consolidated Insurance Program Regulation
INTRODUCED: 01/29/2007
DISPOSITION: Pending
LOCATION: SENATE
Commentary: In an arbitration (or lawsuit) covered by a consolidated insurance program, the insurance policy or contract must provide coverage for the defense of each contractor.
UT S 215
AUTHOR: Bell [R]
TITLE: Short Title Land Use Development and Management Act
INTRODUCED: 01/31/2007
DISPOSITION: Pending
LOCATION: Senate Government Operations and Political Subdivisions Committee
Commentary: Relates to requests for mediation or arbitration for constitutional takings issues in land use and development.
VA H 2306
AUTHOR: Callahan [R]
TITLE: Public Institutions Operational Authority
INTRODUCED: 01/10/2007
DISPOSITION: Pending
LOCATION: HOUSE
Commentary: Provides operational authority for public institutions of higher education in the areas of information technology and procurement pursuant to the Restructuring Act. Provides for arbitration or any other procedure designed to settle contract disputes.
VT H 221
AUTHOR: Ainsworth [R]
TITLE: Medical Malpractice
INTRODUCED: 02/01/2007
DISPOSITION: Pending
LOCATION: House Judiciary Committee
Commentary: This bill proposes a number of changes related to medical malpractice actions. Sec. 8 of this act, which establishes mandatory arbitration of claims based on medical malpractice by repealing Sec. 50 and making effective Secs. 46 49 of No. 160 of the Acts of the 1991 Adj. Sess. (1992), shall take effect on September 1, 2007.
VT S 52
AUTHOR: Transportation Cmt
TITLE: Off Road Vehicles
INTRODUCED: 01/23/2007
DISPOSITION: Pending
LOCATION: House Government Operations Committee
Commentary: Provides that the new motor vehicle arbitration board be attached to the department of motor vehicles.
WA S 5717
AUTHOR: Berkey [D]
TITLE: Market Conduct Oversight Program
INTRODUCED: 01/29/2007
DISPOSITION: Pending
LOCATION: Senate Financial Institutions, Housing & Consumer Protection Committee
Commentary: Establishes a dispute resolution or arbitration mechanism to resolve conflicts with insurers regarding examination fees.
WA S 5725
AUTHOR: Franklin [D]
TITLE: Health Care Providers Billing Statements
INTRODUCED: 01/29/2007
DISPOSITION: Pending
LOCATION: Senate Judiciary Committee
Commentary: Makes health care providers' billing statements admissible; provides that in an arbitration proceeding or a court of law, health care providers' billing statements for treatment provided to a patient are presumed to be the reasonable value of health care treatment and are admissible in evidence to establish that the charges are reasonable and customary charges.
WI A 53
AUTHOR: Wasserman [D]
TITLE: Health Care Provider Statement of Apology
INTRODUCED: 01/30/2007
DISPOSITION: Pending
LOCATION: Assembly Judiciary and Ethics Committee
Commentary: Relates to inadmissibility of a statement of apology or condolence by a health care provider. This includes written or oral communications relating to a dispute in mediation.
WV H 2760
SPONSOR: Blair [R]
TITLE: Motor Vehicle Insurance Certificate
INTRODUCED: 01/30/2007
DISPOSITION: Pending
LOCATION: House Banking and Insurance Committee
Commentary: "No such endorsement or provisions shall contain any provision requiring arbitration of any claim arising under any such endorsement or provision, nor may anything be required of the insured except the establishment of legal liability, nor shall the insured be restricted or prevented in any manner from employing legal counsel or instituting legal action."
WV H 2763
SPONSOR: Kominar [D]
TITLE: Financial Examinations
INTRODUCED: 01/30/2007
DISPOSITION: Pending
LOCATION: House Banking and Insurance Committee
Commentary: A qualified independent certified public accountant may enter into an agreement with an insurer to have disputes relating to an audit resolved by mediation or arbitration. However, in the event of a delinquency proceeding commenced against the insurer under article ten of this chapter, the mediation or arbitration provisions shall operate at the option of the statutory successor.
WV S 380
SPONSOR: Minard [D]
TITLE: Audits
INTRODUCED: 01/30/2007
DISPOSITION: Pending
LOCATION: Senate Banking and Insurance Committee
Commentary: A qualified independent certified public accountant may enter into an agreement with an insurer to have disputes relating to an audit resolved by mediation or arbitration. However, in the event of a delinquency proceeding commenced against the insurer under article ten of this chapter, the mediation or arbitration provisions shall operate at the option of the statutory successor.
WV S 440
SPONSOR: Unger [D]
TITLE: Wetland Protection Programs
INTRODUCED: 02/02/2007
DISPOSITION: Pending
LOCATION: Senate Natural Resources Committee
Commentary: If the wetland owner and the county wetland protection board or the authority do not agree on the value of the easement as determined by the state, the wetland owner, the county wetland protection board or the authority may request that the matter be referred to a mutually agreed upon mediator for arbitration as to the value of the easement.
REGULATIONS
No new regulations.
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