Old Republic Home Protection Company, Inc. v. William B. Sparks, et al.
Arbitration LaborRelations JusticiabilityDoctri
Whether, in a case involving interstate commerce and a written contract with an arbitration provision that expressly requires application of the FAA, a state arbitration statute that by its terms "shall not apply to *** contracts which reference insurance" (a) qualifies as a "law enacted by [a] State for the purpose of regulating the business of insurance" under the McCarran—Ferguson Act, and (b) can support reverse preemption of the FAA based on an asserted impairment of such a state law.
Whether a state arbitration statute that excludes insurance contracts from its scope can qualify as a 'law enacted by [a] State for the purpose of regulating the business of insurance' under the McCarran-Ferguson Act, and support reverse preemption of the Federal Arbitration Act