· 7/3/2001
Sphere Drake Insurance Limited, Formerly Known as Odyssey Re (London) Limited v. All American Insurance Company
Citations
- 256 F.3d 587
- 2001 U.S. App. LEXIS 15031
- 2001 WL 747862
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “as arbitration depends on a valid contract an argument that the contract does not exist can’t logically be resolved by the arbitrator”
- holding that “as arbitration depends on a valid contract an argument that the contract does not exist can’t logically be resolved by the arbitrator”
- concluding that as arbitration depends on a valid contract, an argument that the contract does not exist cannot logically be resolved by the arbitrator
- holding that whether one party had authority to bind the other, or whether it had overstepped its authority, was to be decided in courts rather than under the contract’s arbitration provision because the issue went to existence of the contract
- observing that “as arbitration depends on a valid contract an argument that the contract does not exist can’t logically be resolved by the arbitrators”
- noting that it is the essence of a follow-form policy to follow the underlying policy in every respect except where specifically men- tioned
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Coffey, Easterbrook
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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