Hardman v. Barnhart

This appeal involves a dispute between two insurance companies regarding the scope of an arbitration clause. Appellee National American Insurance Company ("NAICO") filed a complaint alleging that Appellant SCOR Reinsurance Company ("SCOR") is liable for losses on two surety bonds, which the parties refer to as the "Geismar" and "Chalmette" bonds (collectively the "Bonds"). Aplt. App., Tab No. 1, at 2. SCOR filed a motion to dismiss and to compel arbitration on the ground that NAICOs allegations fall within the scope of an arbitration clause contained in a reinsurance agreement in which SCOR agreed to reinsure NAICOs surety bond program (the "Treaty"). Id., Tab No. 13, at 1-9. The district court denied SCORs motion "because Plaintiffs claims are predicated on SCORs independent commitment to serve as co-surety on the Geismar and Chalmette Bonds, independent of the treaty or treaties (which contains an arbitration clause) and thus are not within the scope of the agreement to arbitrate." Id., Tab No. 25, at 1. SCOR appeals this order.