RELIASTAR LIFE INS. CO., N.Y. v. EMC NAT. LIFE CO.

Docket No. 07-0828-cv.

564 F.3d 81 (2009)

RELIASTAR LIFE INSURANCE COMPANY OF NEW YORK, Petitioner-Appellant, v. EMC NATIONAL LIFE COMPANY, also known as National Travelers Life Company, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 9, 2009.


Attorney(s) appearing for the Case

Pieter Van Tol, Lovells, New York, NY, (Gail M. Goering and John M. O'Bryan, Lovells, Chicago, IL, on the brief), for Petitioner-Appellant.

John M. Nonna, LeBoeuf, Lamb, Greene & MacRae, LLP, New York, NY, (Richard J. Cairns, LeBoeuf, Lamb, Greene & MacRae, LLP; Denny M. Dennis, Todd A. Strother, and Michael L. Mock, Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, IA, on the brief), for Respondent-Appellee.

Before: POOLER, RAGGI, Circuit Judges, and TRAGER, District Judge.


REENA RAGGI, Circuit Judge:

On this appeal, we consider whether parties' inclusion in an arbitration agreement of a general statement that each will bear the expenses of its own arbitrator and its own attorneys deprives the arbitration panel of authority to award such expenses as a sanction against a party whom the panel determines failed to arbitrate in good faith. We conclude that it does not and, accordingly, reverse the judgment of the United States District Court...

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