Barring Flagrant Misconduct, Courts Should Let Arbitration Decisions Stand
Disagreeing with the outcome of arbitration is not grounds for courts to overturn an arbitrator's decision.
August 19, 2010 at 08:00 PM
6 minute read
Online Exclusive: Supreme Court Decision Narrows Courts' Ability to Overturn Arbitration Agreements.
Cardiologist Zev Lagstein developed heart disease, severe migraines and other neurological problems in 2001. Several physicians examined him and concluded the health issues permanently disabled him from practicing medicine. Following the diagnosis, Lagstein submitted a disability insurance claim to Lloyd's of London. His policy with Lloyd's was supposed to pay $15,000 per month for up to 60 months of disability.
By 2002, Lagstein had not received any benefits or even a decision on his claim. He was forced to go back to work, against his doctors' advice. After another year, Lloyd's still had not made a decision about the claim. He filed suit in the Federal District Court for the District of Nevada for breach of contract, among other things. Lloyd's compelled arbitration, based on the binding terms of Lagstein's insurance policy.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Trending Stories
- 1Wine, Dine and Grind (Through the Weekend): Summer Associates Thirst For Experience in 'Real Matters'
- 2The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 3The 'Biden Effect' on Senior Attorneys: Should I Stay or Should I Go?
- 4BD Settles Thousands of Bard Hernia Mesh Lawsuits
- 5'You Are Not Alone': 120 Sex Assault Victims Plan to Sue Sean 'Diddy' Combs
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250