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CERTAIN UNDERWRITERS AT LLOYDS v. WESTCHESTER FIRE INS.

No. 06-1457.

489 F.3d 580 (2007)

CERTAIN UNDERWRITERS AT LLOYD'S LONDON Subscribing to Reinsurance Agreements R69342, RE2238, RE1240, RE1249, RE6934, RE2239, RE1250, Third Comprehensive Catastrophe Liability Excess and Fourth Comprehensive Catastrophe Liability Excess, Appellants v. WESTCHESTER FIRE INSURANCE COMPANY (N.J. Civil No. 05-cv-03024). Certain Underwriters at Lloyd's London Subscribing to Reinsurance Agreements RE71365, RE2241 A and B, and RE1253F (Special Casualty Contingency), Appellants v. Westchester Fire Insurance Company (N.J. Civil No. 05-cv-03025).

United States Court of Appeals, Third Circuit.

Filed: June 12, 2007.

Attorney(s) appearing for the Case

Mary Ann D'Amato (Argued), Mendes & Mount, New York, NY, William S. Wachenfeld, Mendes & Mount. Newark, NJ, Attorneys for Appellants.

Carter G. Phillips (Argued), Sidley Austin, Washington, DC, Daniel J. Neppl, Sidley Austin, Chicago, IL, Seth G. Park, Siegal, Napierkowski & Park, Mount Laurel, NJ, Attorneys for Appellee.

Before: SLOVITER and RENDELL, Circuit Judges, and RUFE, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

At issue in this appeal is whether an arbitrator or a court should decide whether coverage disputes under essentially identical insurance contracts should be arbitrated separately on a contract-by-contract basis or collectively in a consolidated arbitration. The District Court held that the issue of consolidation should be decided by an arbitrator. We believe that decision comports with the direction provided...

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