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TOWN OF AMHERST v. GRANITE STATE INSURANCE COMPANY, IN

Citation: Not availableDocket: CA 14-01337

Court: Appellate Division of the Supreme Court of the State of New York; June 19, 2015; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this appellate case, the Supreme Court of New York, Appellate Division, addressed the enforceability of an arbitration clause in a dispute between the Town and Granite State Insurance Company. The dispute originated from Granite State's contribution of $10 million toward a $23 million judgment in favor of the Town, which was later partly indemnified by a third party. The central issue was whether Granite State could recover postjudgment interest under a subrogation clause requiring arbitration. After a handwritten agreement suggested litigation over interest ownership, Granite State insisted arbitration was still necessary. The court ruled that arbitration must resolve disputes related to the insurance policy, except for Granite State's equitable subrogation counterclaim, which was not subject to arbitration. Furthermore, the court upheld the arbitration demand service via Federal Express as valid under the American Arbitration Association rules, overriding New York procedural norms. The decision affirms the binding nature of the arbitration clause for most disputes, ensuring future claims under the policy will be arbitrated, except for those explicitly exempted like equitable subrogation claims.

Legal Issues Addressed

Arbitration Clause Enforceability

Application: The court held that the broad and valid arbitration clause in the insurance policy mandates arbitration for disputes related to the Policy, except for specific equitable subrogation claims.

Reasoning: The ruling clarified that neither party had engaged in litigation that would negate the obligation to arbitrate.

Contractual Waiver of Arbitration

Application: The court found that the handwritten agreement to litigate did not waive the arbitration requirement, leaving the validity and effect of subsequent agreements to be resolved through arbitration.

Reasoning: Granite State demanded arbitration, claiming the agreement did not waive the clause. The court concluded it erred in denying Granite State's motion related to subrogation rights, emphasizing that the validity and effect of subsequent agreements should be resolved by arbitration.

Equitable Subrogation Exemption from Arbitration

Application: Granite State's counterclaim for equitable subrogation is not subject to arbitration because it does not concern the interpretation of the insurance policy.

Reasoning: However, Granite State’s counterclaim for equitable subrogation does not relate to a dispute over the Policy's interpretation and is therefore not subject to arbitration.

Proper Service of Arbitration Demand

Application: Due to the parties’ agreement to follow the American Arbitration Association's procedural rules, which permit service by Federal Express, the arbitration demand was validly served.

Reasoning: The Town's argument that the arbitration demand served by Federal Express is jurisdictionally defective is rejected.