(Download) "County of Mchenry v. Insurance Co. of the West" by United States Court of Appeals for the Federal Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: County of Mchenry v. Insurance Co. of the West
- Author : United States Court of Appeals for the Federal Circuit
- Release Date : January 24, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
The County of McHenry,Illinois ("County") purchased an insurance policy from the Insurance Company of the West ("ICW"). ICW settled a $5 million claim on behalf of the County under the policy, but reserved the right to seek reimbursement from the County if it was determined that the policy did not cover the claim. ICW then sought to invoke the policys arbitration clause and resolve the issues of coverage and reimbursement before an arbitrator. In response, the County filed suit, seeking a declaration that ICW cannot require the County to arbitrate. The district court granted ICWs motion to dismiss the suit for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). The County appeals. For the following reasons, we affirm the order of the district court.