Dispute Involving Risk Retention Group is Arbitrable, Federal Judge Rules

AKRON, Ohio - An Ohio federal judge has compelled arbitration of a dispute over surplus capital contributions paid by a former subscriber to a risk retention group, ruling that the dispute falls within the arbitration clause in the group's governance rules. Summa Emergency Associates Inc. v. Emergency Physicians Insurance Co., No. 5:11-269 (N.D. Ohio).

On Feb. 3, Judge David D. Dowd Jr. of the U.S. District Court for the Northern District of Ohio ruled that although the plaintiff is no longer a subscriber, it is still bound by the arbitration provision.

Emergency Physicians Insurance Co. is a risk retention group …