Compelling Arbitration — Sans Arbitration Clause

Law360, New York (April 25, 2012, 5:58 PM EDT) -- Can a life insurance company compel arbitration even though its policy does not contain an arbitration clause? Of course not, you might say at first. But, as a recent decision by the California Court of Appeal reminds us, sometimes an insurer may do just that. When the situation is right, motions to compel arbitration by insurers often catch plaintiffs off guard and have the potential to change the dynamics—and maybe the outcome—of a case.

Insurers most often have the opportunity to consider a motion to compel...
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