· 10/9/1985
Unionmutual Stock Life Insurance Company of America v. Beneficial Life Insurance Company
Citations
- 774 F.2d 524
- 1985 U.S. App. LEXIS 23530
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating court must not remove substantive challenges to a contract from the arbitrators = consideration regardless of the basis for the challenge unless there is an independent challenge to the arbitration clause itself
- “[T]he fact that [the] attempt to rescind the entire agreement is based on the grounds of frustration of purpose rather than on fraud in the inducement does not change applicability of the severability doctrine.”
- “The essential factor is that the parties agreed to arbitrate in a particular forum and thus may be expected to have consented to the jurisdiction of that forum’s courts in a request for an order compelling arbitration.”
- applying federal presumption in favor of arbitration
- frustration of purpose and mutual mistake
Source: CourtListener parenthetical corpus (CC0).
Judges: Coffin, Aldrich, Tor-Ruella
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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