Galilea, LLC v. AGCS Marine Insurance Co., No. 16-35474 (9th Cir. 2018)
Annotate this CaseAn arbitration provision in a maritime insurance policy is enforceable despite law in the forum state assertedly precluding its application. This case concerned the scope of insurance coverage Galilea bought for its yacht. The Ninth Circuit held that the Federal Arbitration Act (FAA), 9 U.S.C. 1-16, applied to the insurance policy but not the insurance application. In this case, the insurance application was not a contract, but the insurance policy was a contract subject to the FAA because the FAA constituted established federal maritime law for maritime transactions; federal maritime law was not precluded by Montana law under the McCarran-Ferguson Act, 15 U.S.C. 1012; and federal maritime law was not precluded by Montana law under M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1 (1972). The panel also held that the parties have delegated arbitrability issues to an arbitrator. Therefore, the panel affirmed the district court's order finding the policy's arbitration clause enforceable and affirmed the district court's order granting the Underwriters' motion to compel arbitration as to certain causes of action. The panel affirmed in part, reversed in part, and remanded.
Court Description: Arbitration / Maritime Law. The panel affirmed in part and reversed in part the district court’s orders finding enforceable an arbitration clause in a marine insurance policy and compelling arbitration of two claims but not others brought against insurance underwriters that denied coverage for the loss of a sailing yacht. The panel held that the plaintiff’s insurance application was not a contract, but the insurance policy was a contract subject to the Federal Arbitration Act. The policy’s arbitration clause concerned a maritime transaction falling under the FAA, and Montana law was inapplicable under both federal maritime law choice-of-law principles and the policy itself and therefore did not render the arbitration clause unenforceable. The panel held that the arbitration agreement showed a clear and unmistakable intent to resolve arbitrability questions in arbitration. The panel thus affirmed the district court’s order finding the policy’s arbitration clause enforceable, affirmed the district court’s order granting the defendants’ motion to compel arbitration as to certain causes of action, reversed the district court’s order denying the defendants’ motion to compel arbitration as to the plaintiff’s remaining causes of action, and remanded to the district court with instructions to grant the defendants’ motion to compel arbitration in its entirety. GALILEA V. AGSC MARINE INS. CO. 3
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