Jay Ezelle and Robin Jones recently defeated efforts to pursue a nationwide class action against three professional liability insurers. The dispute, which centers around allegations of improper premium calculations, was initially filed in the United States District Court of New Jersey, but was successfully compelled to arbitration before the American Arbitration Association. Following extensive briefing, the appointed arbitrator found that the U.S. Supreme Court’s decision in Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., 130 S. Ct. 1758 (2010) mandated a finding that the arbitration clauses did not allow class arbitration.
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