Allied Professionals Insurance Co. v. Anglesey, No. 18-56513 (9th Cir. 2020)
Annotate this CaseThe Ninth Circuit affirmed the district court's order compelling arbitration, holding that the Washington anti-arbitration statute was preempted by the federal Liability Risk Retention Act of 1986 (LRRA) as it applied to risk retention groups chartered in another state. The panel held that the McCarran-Ferguson Act does not reverse-preempt the LRRA. The panel also held that the LRRA preempts Washington's anti-arbitration statute because it offends the LRRA's broad preemption language and fails to fall into one of its exceptions.
Court Description: Preemption / Washington Law / Arbitration. The panel affirmed the district court’s order compelling arbitration, and held that the Washington anti-arbitration statute was preempted by the federal Liability Risk Retention Act of 1986 (“LRRA”) as it applied to risk retention groups chartered in another state. The LRRA broadly preempts the authority of non- chartering states to regulate the operation of risk retention groups within their borders. A Washington state statute, RCW § 48.18.200(1)(b), has been held to prohibit binding arbitration agreements in insurance contracts in that state. The panel held that the federal McCarran-Ferguson Act, which generally protects state regulation of insurance, did not reverse-preempt the LRRA. The panel also held that Washington’s anti-arbitration statute offended the LRRA’s preemption language and that no exception applied to save the law. The panel concluded that the Washington statute was preempted by the LRRA as it applied to out of state risk retention groups. ALLIED PROFESSIONALS INS. CO. V. ANGLESEY 3
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