ADR Case Updates
Recent ADR Cases, 09/06/05
In case you have not seen them, attached are four recent ADR cases. The first is Boghos v. Certain Underwriters at Lloyd's of London, 2005 DJDAR 8556, in which the California Supreme Court upheld an arbitration clause in a contract of disability insurance, finding that a service of suit clause did not create an ambiguity or waive the right to compel arbitration. In addition, the Court refused to extend the cost-shifting rule applied in employment-mandated arbitration. Rather, parties in a breach of contract action premised upon an insurance policy that contains an arbitration agreement may agree to share costs under CCP § 1284.2.
The other three cases were rendered by the Court of Appeal: Taylor v. Van-Catlin Construction 2005 DJDAR 7983 (trial court lacked authority to "correct" an arbitrator's award of attorney fees); Hotels Nevada, LLC v. Bridge Bank, LLC, 2005 DJDAR 8285 (arbitrator may grant stay of arbitration to allow court to decide issue of legality of contract, an issue for the court under California law); and Trend Homes, Inc., v. Superior Court, 2005 DJDAR 9339 (home purchase agreement requiring submission of disputes to judicial referee is enforceable).
Steve Kruis sends periodic case updates by e-mail that summarize recent developments in the Alternative Dispute Resolution area. If you would like to be included on our distribution list, please send us an e-mail or call 619.233.1323.