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Pierman v. Green Tree Financial Servicing Corp.

Citations: 933 P.2d 955; 1997 OK CIV APP 2; 1997 Okla. Civ. App. LEXIS 1; 1997 WL 80054Docket: 87714

Court: Court of Civil Appeals of Oklahoma; January 14, 1997; Oklahoma; State Appellate Court

Narrative Opinion Summary

In this appellate case, Green Tree Financial Servicing Corporation challenged the trial court's denial of its motion to dismiss for lack of subject matter jurisdiction and to compel arbitration in a dispute initiated by Richard Pierman. The case involved Pierman's financing of a boat trailer and subsequent lapse in insurance coverage, leading Green Tree to procure insurance and add the premium to Pierman's debt. Pierman filed a class action alleging various claims such as breach of implied covenants and unjust enrichment. The central legal issue revolved around an arbitration clause in the contract, which stipulated that disputes be resolved through arbitration under the Federal Arbitration Act. The appellate court determined that the trial court erred by denying Green Tree's motion, as the agreement encompassed all disputes related to the contract, including tort claims. The decision emphasized that the trial court had jurisdiction to determine arbitrability, separate from the question of jurisdiction over the subject matter. Consequently, the order was reversed, the proceedings were stayed, and the case was remanded to compel arbitration according to the contract's terms. The court did not address issues involving other defendants due to lack of service, and acknowledged the appealability of the order under Oklahoma law.

Legal Issues Addressed

Arbitrability of Insurance Coverage Disputes

Application: Claims regarding insurance coverage were deemed arbitrable because they arose from the contractual right of the lender to secure replacement insurance, rather than from a direct insurer-insured relationship.

Reasoning: Pierman's claims regarding insurance coverage were also deemed arbitrable, as they arise from the lender's contractual right to secure replacement insurance when the borrower fails to maintain coverage, not from an insurer-insured relationship.

Arbitration Under the Federal Arbitration Act

Application: The court determined that the dispute between the parties should be resolved through arbitration as mandated by their contractual agreement, which was governed by the Federal Arbitration Act.

Reasoning: The arbitration clause in their contract mandated that all disputes related to the contract be resolved through arbitration according to the Federal Arbitration Act.

Jurisdiction to Determine Arbitrability

Application: The appellate court held that the trial court possessed the jurisdiction to decide whether the dispute was subject to arbitration, clarifying that this issue was distinct from a lack of jurisdiction.

Reasoning: The court clarified that the trial court had jurisdiction to determine the arbitrability of the dispute, distinguishing it from a lack of jurisdiction issue.

Scope of Arbitration Agreements

Application: The appellate court found that the arbitration agreement covered all disputes arising from or relating to the contract, including tort claims, thus requiring arbitration of Pierman's claims.

Reasoning: The contract explicitly states that all disputes, including those related to contract, tort, and property, are subject to binding arbitration.