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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.