How cited: National Home Insurance v. King · Go Syfert

National Home Insurance v. King (2003)

green · 25 citation events across 9 courts. Showing the 10 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 2009 → 2026 · click a year to view the case as of then
200920172026
Rule Authority · Ky. Ct. App. · 2 citations in this opinion
Co. v. King, 291 F.Supp.2d 518, 530 (E.D.Ky.2003), the Federal District Court for the Eastern District of Kentucky held that “the McCar-ran-Ferguson Act does ‘reverse preempt’ the FAA to save KRS 417.050(2) from federal preemption.” Triton Lines is distinguishable for two reasons: (1) the dispute arose from a maritime contract containing an arbitration clause; and (2) as noted below, the analysis in Triton Lines is so superficial as to be unpersuasive.
Rule Authority · Ky.
Co. v. King, 291 F. Supp. 2d 518, 527 (E.D.
noting well- established principle that “whether a particular contract is one of insurance does not depend on what it is called, but what it does[]”
Rule Authority · La. Ct. App.
Co. v. King, the court similarly noted: When Congress expanded [the LRRA] in 1986 to cover all types of liability insurance, “it included provisions to preserve the states’ traditional role in regulating insurance and protecting the public.” [ ] In doing so, Congress sought to “augment[] the authority of non-chartering States to regulate solvency, trade practices and other matters” and it “contemplated that States may enact statutes and issue regulations to protect the publi…
citations omitted
Rule Authority · Tex.
Co. v. King, 291 F.Supp.2d 518, 529 (E.D.Ky.2003) (surveying cases and concluding that “both federal and state courts have held that state statutes that invalidate arbitration clauses specifically as to insurance contracts are indeed ‘enacted for the purpose of regulating the business of insurance’ and thus not preempted by the FAA by virtue of the [MFA] ”).
Rule Authority · Neb.
Co. v. King, 291 F. Supp. 2d 518, 531 (E.D.
prohibiting enforcement of arbitration clause did not “‘make unlawful’” operation of risk retention group and put it on equal footing with other insurers
Rule Authority · Mo. Ct. App.
Co., 291 F.Supp.2d at 531 (application of an anti-arbitration statute to a risk retention group does not offend the non-discrimination principle underlying the LRRA; to the contrary, requiring a risk retention group to abide by this statute puts it on equal footing with all other insurers who are prohibited from enforcing arbitration clauses in agreements with their insureds).
Rule Authority · Ky.
Co. v. King, 291 F.Supp.2d 518 *689 (E.D.Ky.2003).
Rule Authority · S.D. Fla.
Co. v. King, 291 F.Supp.2d 518, 528 (E.D.Ky.2003) (citing Stephens v. American Int’l Ins.
Cited · 2d Cir. · signal: see
See Nat’l Home, 291 F.Supp.2d at 524 , quoting Ky.Rev.Stat.