1st DCA Publishes Decision Denying Arbitration in EquityComp Dispute

California’s 1st District Court of Appeal published a decision that prohibits Applied Underwriters from forcing a disgruntled EquityComp policyholder into arbitration. The appellate court in December cited the persuasive authority of two other appellate districts finding an unfiled policy document that included a mandatory arbitration clause was unenforceable. All three courts based their decisions on a 2016 decision by former Insurance Commissioner Dave Jones that a “reinsurance participation agreement” that was integral to the EquityComp program was not filed as required ...