MTR OF MONARCH v. NATIONAL

No. 8.

26 N.Y.3d 659 (2016)

47 N.E.3d 463

27 N.Y.S.3d 97

2016 NY Slip Op 01209

In the Matter of MONARCH CONSULTING, INC., et al., Respondents, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Appellant. In the Matter of NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Appellant, v. PRIORITY BUSINESS SERVICES, INC., Formerly Known as INLAND VALLEY STAFFING SERVICES and Another, Doing Business as PRIORITY STAFFING, Respondent. In the Matter of NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Appellant, v. SOURCE ONE STAFFING, LLC, Respondent.

Court of Appeals of New York.

Decided February 18, 2016.


Attorney(s) appearing for the Case

Sidley Austin LLP, Washington, D.C. ( Peter D. Keisler , of the District of Columbia bar, admitted pro hac vice, and Paul J. Zidlicky , of the District of Columbia bar, admitted pro hac vice, of counsel), and Sidley Austin LLP, New York City ( Andrew W. Stern , Nicholas P. Crowell , Eamon P. Joyce and Benjamin F. Burry of counsel), for appellant in the first, second and third above-entitled proceedings.

Anderson Kill, P.C., New York City ( Jeffrey E. Glen , Edward J. Stein and Rene F. Hertzog of counsel), Roxborough, Pomerance, Nye & Adreani, LLP, Woodland Hills, California ( Nicholas Roxborough , of the California bar, admitted pro hac vice, of counsel), Pillsbury Winthrop Shaw Pittman LLP, New York City ( Alexander D. Hardiman of counsel), and Bond, Schoeneck & King PLLC, Syracuse ( Clifford G. Tsan and Suzanne M. Messer of counsel), for respondents in the first, second and third above-entitled proceedings.

Amy R. Bach , of the California bar, admitted pro hac vice, and Whiteman Osterman & Hanna LLP, Albany ( Jean F. Gerbini of counsel), for United Policyholders, amicus curiae.

Kamala D. Harris , Attorney General, Los Angeles, California ( Stephen Lew , Edward C. DuMont , Kathleen A. Kenealy , Paul D. Gifford and Joshua A. Klein of counsel), for Dave Jones, amicus curiae.

Judges PIGOTT, RIVERA, ABDUS-SALAAM and FAHEY concur; Chief Judge DIFIORE and Judge GARCIA taking no part.


OPINION OF THE COURT

In order to resolve whether the parties' disputes pertaining to certain workers' compensation insurance Payment Agreements should be submitted to arbitration, we must make a threshold determination of whether the McCarran-Ferguson Act (15 USC § 1011 et seq.) precludes application of the Federal...

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