Los Angeles’ Jonathan Bank and Providence’s Matthew Murphy co-authored an article discussing the Nielsen Contracting, Inc. v. Applied Underwriters, Inc. decision. Bank and Murphy said, “This case presents a cautionary tale to insurers wishing to arbitrate a dispute that where insurance policy forms are required to be filed and approved by the applicable insurance department, the insurers should make sure that any collateral agreements be appended to the policy and subjected to the filing and approval requirements. If not, the insurer may well lose the right to arbitrate the dispute - in one easy (mis)step.”
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