Virginia: Special Cases – a Lawyer’s Arbitration (April 15, 2017)

On August 11, 2017, United States Court of Appeals for the Fourth Circuit affirmed denial of an insurer’s motion to compel arbitration by United States District Court for the Eastern District of Virginia at Alexandria, 2016 WL 7199729 (Mar. 17, 2016) in Minnieland Private Day School, Inc. v. Applied Underwriters Captive Risk Assurance Co., Inc., No. 16-1511. Cleverly, the Plaintiff/Appellee child day care center overcame the Goliath insurance subsidiaries of Bethshire Hathaway, Inc. by attacking the “gateway” issue of unconscionability (unenforceability) of only the “delegation provision,” not of the entire arbitration agreement.