Disputes Over Preclusive Effect of Prior Awards Are For Arbitrators, Not Courts To Decide, Nationwide Contends

BOSTON — In support of its renewed petition to compel Liberty Mutual Insurance Co. to arbitrate a dispute concerning an access-to-records clause, Nationwide Mutual Insurance Co. argues that disputes over the preclusive effect of a prior award are properly subject to arbitration.

In its brief filed in the U.S. District Court for the District of Massachusetts, Nationwide contends that Massachusetts law and case law are clear that decisions relating to what issues are precluded from subsequent arbitrations are for the arbitration panel, not the court, to decide.

A dispute arose as to claims concerning ten of Liberty’s policyholders: AIRCO AIRCO/BOC …