Competing Legal Factors Vex Insurance Arbitration Disputes

Law360 (July 8, 2019, 1:08 PM EDT) -- The U.S. Constitution, a U.S. treaty, two federal statutes, a state statute and a commercial contract walk into a bar. The federal statutes are arguing. The Constitution, the treaty, one of the federal statutes and the state statute are arguing. The treaty and the other federal statute are arguing. And the contract and the state statute are arguing. In what order does the bartender serve them? Which one does the bartender serve first?

From time to time, an insurance policy’s arbitration clause will run into the thresher-sharp conflict between (1) the U.S. Constitution’s supremacy clause, which gives federal laws and international...

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