299 N. FEDERAL MASTER, LLC, v. General Security Indemnity Company of Arizona et al
| 299 N. FEDERAL MASTER, LLC, |
| HDI Global Specialty SE, General Security Indemnity Company of Arizona, PRINCETON EXCESS & SURPLUS INSURANCE COMPANY, Indian Harbor Insurance Company, Certain Underwriters At Lloyd's London, International Insurance Co, of Hannover, SE, LEXINGTON INSURANCE COMPANY, QBE Specialty Insurance Company and United Specialty Insurance Company |
| 0:2021cv62349 |
| November 15, 2021 |
| US District Court for the Southern District of Florida |
| Kathleen M Williams |
| Insurance |
| 28 U.S.C. ยง 1441 |
| Both |
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Filing 5
PAPERLESS ORDER. THIS MATTER is before the Court on Defendants' Motion to Compel Arbitration and Stay Proceedings #3 . Plaintiff filed no response in opposition, and the time to do so has passed, which itself may be deemed sufficient grounds to grant the motion by default. That aside, however, the Court finds that the Motion #3 should be granted on the merits. In the Complaint, Plaintiff alleges "all times material hereto, in consideration of a premium paid by the Insured, there was in full force and effect a certain commercial insurance policy issued by the Insurance Company." (DE #1 -2 at 4.) Plaintiff, a limited liability company, does not dispute the validity of the insurance policy, which includes a clause that states, "All matters in difference between the insured and the Companies (hereinafter referred to as 'the parties') in relation to this insurance, including its formation and validity, and whether arising during or after the period of this insurance, shall be referred to an Arbitration Tribunal in the manner hereinafter set out." Having reviewed the Motion #3 and the record, Court finds that a valid arbitration agreement exists that falls within the scope of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and its implementing Act, 9 U.S.C. 201. As the Supreme Court has explained, "[t]he goal of the convention, and the principal purpose underlying American adoption and implementation of it, was to encourage the recognition and enforcement of commercial arbitration agreements and international contracts and to unify the standard by which the agreements to arbitrate are observed and arbitral awards are enforced in the signatory countries." Scherk v. Alberto-Culver Co., 417 U.S. 506, 520 n.15 (1974). The Court has analyzed the four factors outlined in Bautista v. Star Cruises, 396 F.3d 1289, 1294, n.7 (11th Cir. 2005): (1) there is an agreement in writing within the meaning of the Convention; (2) the agreement provides for arbitration in the territory of a signatory of the Convention; (3) the agreement arises out of a legal relationship, whether contractual or not, which is considered commercial; and (4) a party to the agreement is not an American citizen, or that the commercial relationship has some reasonable relation with one or more foreign states. Bautista v. Star Cruises, 396 F.3d 1289, 1294, n.7 (11th Cir. 2005).Here, all four factors are met. Plaintiff acknowledges in its Complaint that the agreement is a commercial insurance policy that was "in full force and effect." The arbitration agreement provides for arbitration in New York, which is in the United States, a signatory to the Convention. None of the Parties dispute that the Policy is commercial. And a number of the insurer parties to the Policy are foreign. Accordingly, it is ORDERED AND ADJUDGED that the Motion #3 is GRANTED. The Parties are COMPELLED TO PROCEED TO ARBITRATION regarding all matters in dispute in compliance with the terms of the Policy. This case is STAYED pending the resolution of the arbitration. The Parties shall file a status report WITHIN FOURTEEN (14) DAYS of the completion of arbitration. This case is CLOSED for administrative purposes. Signed by Judge Kathleen M. Williams on 12/20/2021. (shy)
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| Case Stayed per DE 5. Closing Case for administrative purposes. (shy) |
| Filing 4 NOTICE of Change of Address, Email or Law Firm Name by Maximo Alexander Santiago (Santiago, Maximo) |
| Filing 3 MOTION to Compel Arbitration And Stay The Proceedings by Certain Underwriters At Lloyd's London, General Security Indemnity Company of Arizona, HDI Global Specialty SE, Indian Harbor Insurance Company, LEXINGTON INSURANCE COMPANY, PRINCETON EXCESS & SURPLUS INSURANCE COMPANY, QBE Specialty Insurance Company, United Specialty Insurance Company. Responses due by 12/6/2021 (Attachments: #1 Exhibit A - Letter to Counsel - Demand for Arbitration)(McKell, Brian) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (cds) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $ 402.00 receipt number BFLSDC-15171844, filed by HDI GLOBAL SPECIALTY SE f/k/a INTERNATIONAL INSURANCE CO. OF HANNOVER, PRINCETON EXCESS & SURPLUS INSURANCE COMPANY, LEXINGTON INSURANCE COMPANY, United Specialty Insurance Company, General Security Indemnity Company of Arizona, QBE Specialty Insurance Company, Indian Harbor Insurance Company, Certain Underwriters At Lloyd's London. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A - State Court Docket, #3 Exhibit B - Policy)(McKell, Brian) Modified Text on 11/15/2021 (cds). No Answer/Motion to Dismiss Filed. |
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