Property Owner Says Harvey Damage Fight Belongs In Court

Law360 (September 14, 2020, 6:20 PM EDT) -- The owner of a Houston townhouse complex is urging the Ninth Circuit not to send its dispute over $5.7 million in damages caused by Hurricane Harvey to arbitration, asking the court to rule for the first time on a thorny issue that turns on a clash between federal and state law.

CLMS Management Services LP and Roundhill I LP argued in a Friday brief that the court cannot send their dispute with Lloyd's of London underwriters and a claims administrator, CJW & Associates Inc., to arbitration, since Washington state law prohibits the inclusion of mandatory arbitration clauses in contracts.

The underwriters...

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