Cox v. Woodmen of the World Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that statute in South Carolina’s Arbitration Act that precluded arbitration provisions in insurance contracts constituted a “general insurance law” under South Carolina statute exempting fraternal benefit societies from such laws
• holding section 15 — 48—10(b)(4) is a specific exemption limited only to entities within the insurance industry
• concluding section 15-48-10(b)(4) “reverse preempts” the FAA through the application of the McCarran-Ferguson Act
• considering the denial of a Rule 12(b)(8), SCRCP, motion to dismiss when the denial of a motion to compel arbitration was already before the court
• noting subsection 15-48-10(b)(4) “expressly invalidates a[n arbitration] provision contained in an insurance policy”
• explaining the trial court properly denied a motion to dismiss pursuant to Rule 12(b)(8) where a class action in an Alabama court involving the same parties and the same or substantially the same issues was decertified

Source: CourtListener parenthetical corpus (CC0).