Opinion · Supreme Court of the United States

Forman v. Massachusetts Casualty Insurance

Forman v. Mass. Cas. Ins., 424 U.S. 914 (1976)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1976-02-23
Topic
general

How later courts describe this case

  • holding that incontestability clauses prohibit challenges to validity of policy but not defenses relating to limitation of coverage
  • union not estopped when it pled inapplicability of collective bargaining agreement but specifically reserved right to proceed with arbitration if contract did apply
  • “presumption in favor of arbitrability ... should only be dispelled when the agreement explicitly exempts certain conduct ... or when the terms of the agreement, read as a whole, clearly envision nonarbitrability”

Citator

UpLaw has not yet analyzed Forman v. Massachusetts Casualty Insurance. The absence of a flag is not a finding that it is good law.

Cited by
100 opinions

C. A. 5th Cir. Certiorari denied.