National Union Fire Insurance Company Of Pittsburgh, Pa. v. Belco Petroleum Corporation

How courts have described this case

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

• finding a \claim of [issue] preclusion\ to be \a legal defense\ that is \as much related to the merits\ as several other affirmative defenses, \which are assigned to an arbitrator under a broad arbitration clause\
• addressing preclusive effect of arbitration award confirmed by a state court
• dispute concerning applicability of claim preclusion sent to arbitrators when the arbitration clause covered “all disputes which may arise under or in connection with” the underlying contract
• clause covered “[a]ll disputes which may arise under or in connection with” the insurance policy
• “[P]reclusion is a legal defense” and “[a]s such, it is itself a component of the dispute on the merits . . . which are assigned to an arbitrator under a broad arbitration clause.”
• “The preclusion issue is not . . . a disagreement over ‘whether [the parties] agreed to arbitrate the merits’ of their dispute. Belco’s claim of preclusion is a legal defense to [Plaintiff’s] claim.”

Source: CourtListener parenthetical corpus (CC0).