Parties to Workers’ Comp Reinsurance Contract Intended Arbitrator to Decide Arbitrability, 6th Cir. Rules

CINCINNATI — A trial court erred in ruling that a dispute arising from a workers’ compensation reinsurance contract is not arbitrable because the parties clearly intended for an arbitrator to resolve questions of arbitrability, the 6th Circuit U.S. Court of Appeals has ruled.

In an Oct. 23 opinion, the appellate court found the language of the contract’s arbitration clause clearly states that the parties agreed to resolve any and all contract-related disputes, including questions of enforceability, without resort to litigation, exclusively through binding arbitration.

In September 2008, Milan Express Co. obtained workers’ compensation coverage from Applied Underwriters Workers Compensation Profit …