BENNETT v. LIBERTY NAT. FIRE INS. CO.

No. 91-35292.

968 F.2d 969 (1992)

Andrea BENNETT, State Auditor and Commissioner of Insurance for the State of Montana and Liquidator of Glacier General Assurance Company in Liquidation, Plaintiff-Appellee, v. LIBERTY NATIONAL FIRE INSURANCE COMPANY; J. Gordon Gaines, Inc., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 6, 1992.


Attorney(s) appearing for the Case

Lawrence S. Greengrass, Michael H. Goldstein, Jeffrey B. Gold, Mound, Cotton & Wollan, New York City, Stanley Kaleczyc, Browning Kaleczyc Berry & Hoven, Helena, Mont., for defendants-appellants.

Robert R. Throssell, Keller, Reynolds, Drake, Sternhagen & Johnson, Helena, Mont., James C. Underhill, Jr., Hugh Alexander & Associates, Denver, Colo., for plaintiff-appellee.

Before: WRIGHT, CANBY, and WIGGINS, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge.

The Federal Arbitration Act requires courts to compel arbitration in actions where the parties have previously agreed to arbitrate their contractual disputes. We consider here whether an insolvent insurer's pre-insolvency agreement to arbitrate all disputes arising out of its contractual relationships binds the insurer's liquidator. Because the rights the liquidator seeks to enforce are derived...

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