Effective 28 Aug 1996
435.350. Validity of arbitration agreement, exceptions. — A written agreement to submit any existing controversy to arbitration or a provision in a written contract, except contracts of insurance and contracts of adhesion, to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. Contracts which warrant new homes against defects in construction and reinsurance contracts are not "contracts of insurance or contracts of adhesion" for purposes of the arbitration provisions of this section.
--------
(L. 1980 H.B. 1203 § 1, A.L. 1996 H.B. 929)
(2000) Section regulates the business of insurance and thus is not preempted by the Federal Arbitration Act due to the provisions of the McCarran-Ferguson Act. Standard Security Life Ins. Co. v. West, 127 F.Supp.2d 1064 (W.D.Mo.); aff'd, 267 F.3d 821 (8th Cir. 2001).
(2011) Attempted preemption by the Federal Arbitration Act of section's exclusion of arbitration provisions from insurance contracts is barred by the McCarran-Ferguson Act. Sturgeon v. Allied Professionals Insurance Co., 344 S.W.3d 205 (Mo.App. E.D.).
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.