Opinion · Supreme Court of the United States

Forman v. Massachusetts Casualty Insurance

47 L. Ed. 2d 319

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

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 | 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

Cited by
33 opinions

C. A. 5th Cir. Certiorari denied.