Overview
HOLDINGS: [1]-The threshold issue of whether the Federal Arbitration Act (FAA) applied or was preempted by the federal McCarran-Ferguson Act and Neb. Rev. Stat. § 25-2602.01(f) of the Nebraska Uniform Arbitration Act was for the court, and not the arbitrator, to decide, and the trial court did not err by adjudicating this gateway issue; the forming a joint venture did not result in the reinsurance
[2]-The trial court did not err by concluding that Neb. Rev. Stat. § 25-2602.01(f) is a statute that regulates the business of insurance within the meaning of the McCarran-Ferguson Act; [3]-The trial court did not err by concluding that the McCarran-Ferguson Act applied and reverse preempted the FAA; [4]-Neb. Rev. Stat. § 25-2602.01(f) applied to the reinsurance participation agreement (RPA) and rendered the arbitration provision contained in the RPA unenforceable; [5]-The trial court did not err by denying defendants' petition to compel arbitration
Outcome
Order affirmed