BEN. ASS'N INT., INC. v. Mount Sinai Comprehensive Cancer Center

816 So. 2d 164, 2002 WL 803969
CourtDistrict Court of Appeal of Florida
DecidedMay 1, 2002
Docket3D00-657
StatusPublished
Cited by8 cases

This text of 816 So. 2d 164 (BEN. ASS'N INT., INC. v. Mount Sinai Comprehensive Cancer Center) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
BEN. ASS'N INT., INC. v. Mount Sinai Comprehensive Cancer Center, 816 So. 2d 164, 2002 WL 803969 (Fla. Ct. App. 2002).

Opinion

816 So.2d 164 (2002)

BENEFIT ASSOCIATION INTERNATIONAL, INC., Appellant,
v.
The MOUNT SINAI COMPREHENSIVE CANCER CENTER, Appellee.

No. 3D00-657.

District Court of Appeal of Florida, Third District.

May 1, 2002.

*165 Hessen, Schimmel & De Castro and Robert L. Schimmel, Miami, and Allan J. Atlas, Fort Myers, for appellant.

Ronald D. Poltorack, Sunrise, for appellee.

Before SCHWARTZ, C.J., and FLETCHER and SORONDO, JJ.

PER CURIAM.

Benefit Association International, Inc. (Benefit) seeks review of the lower court's entry of a non-final Order on Motion to Compel Arbitration and Abate Proceedings, on the grounds that the lower court erred in compelling arbitration in a forum other than the one provided for in the parties' contract. We review this matter as an appeal of a non-final order, pursuant to Florida Rule of Appellate Procure 9.130(a)(3)(A).

I. FACTS

Victor Setton, a Panamanian resident, applied for an international health insurance policy from Benefit in January 1996, through an agent in Panama. Setton completed an application for insurance in Spanish, wherein he indicated that he was a permanent resident of Panama.[1] The application contains contact information regarding Benefit's administrative office in Miami, Florida. In February 1996, Benefit issued a health insurance policy to Setton in Panama. The policy, which is written in English, includes an arbitration and venue selection clause requiring arbitration in Jackson, Mississippi of any disputes arising from the policy or its alleged breach,[2] as well as a ten-day right to return *166 policy provision.[3] The policy instructs those insured to submit their claims to Benefit's administrative office, Morgan White Administrators, Inc, c/o WorldNet Services Corp., located in Bay Harbor Islands, Florida, or to a claims office in the insured's local area appointed by the company.[4] The insurance contract does not contain a choice of law provision.

Between April 1997 and February 1998, Setton incurred medical expenses at The Mount Sinai Comprehensive Cancer Center (Mount Sinai) in Florida. He submitted a claim, which Benefit declined to pay on the basis that there was no coverage in effect at the time the charges were incurred. Thereafter, Setton assigned his benefits under the policy to Mount Sinai, which, in turn, demanded payment from Benefit. Benefit rejected Mount Sinai's claim and refused to make payment, asserting that at the time Setton incurred the medical expenses, the policy had expired.

Mount Sinai filed suit in Miami Dade County, Florida against Setton (for quantum meruit, open account and account stated) and Benefit (for breach of contract). Thereafter, Mount Sinai voluntarily dismissed Setton from the action.

Benefit moved to compel arbitration and abate the judicial proceedings. Following a hearing on the matter, the lower court entered an order compelling arbitration in South Florida,[5] finding that ordering arbitration in Jackson, Mississippi would be against public policy.[6]

Benefit filed a notice of appeal, seeking review of the trial court's order on the grounds that the court erred in compelling arbitration in South Florida, instead of Jackson, Mississippi.

II. ANALYSIS

The insurance contract at issue provides for commerce among the states, territories and foreign nations as described in the United States Arbitration Act [the Federal Arbitration Act], 9 U.S.C. §§ 1 and 1px solid var(--green-border)">3, and is governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Convention), adopted and incorporated as Chapter Two of the Federal Arbitration Act, 9 U.S.C. §§ 201-208. The Federal Arbitration Act, under which the Convention is implemented, governs the enforcement, validity and interpretation of arbitration provisions in commercial contracts in state and federal courts. See Allied-Bruce Terminix Companies, Inc. v. Dobson, 513 U.S. 265, 269-73, 115 S.Ct. 834, 130 L.Ed.2d 753 (1995); Indust. Risk Insurers v. M.A.N Gutehoffnungshutte, GmbH, 141 F.3d 1434, 1440 (11th Cir.1998).[7] Chapter Two of the Federal *167 Arbitration Act establishes a strong presumption in favor of arbitration of international commercial disputes. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 105 S.Ct. 3346, 87 L.Ed.2d 444 (1985); Scherk v. Alberto-Culver Co., 417 U.S. 506, 94 S.Ct. 2449, 41 L.Ed.2d 270 (1974). As an exercise of Congress' treaty power and as federal law, "[t]he Convention must be enforced according to its terms over all prior inconsistent rules of law." Sedco, Inc. v. Petroleos Mexicanos Mexican Nat'l Oil Co. (Pemex), 767 F.2d 1140, 1145 (5th Cir.1985). Absent some exceptions not applicable here, federal rather than state law governs international arbitration agreements. General Electric Co. v. Deutz Ag, 270 F.3d 144, 154 (3d Cir.2001)(citing Scherk, 417 U.S. at 519-20, 94 S.Ct. 2449).

Section 202 of the Federal Arbitration Act defines which arbitration agreements and awards are enforceable under the Convention:

An arbitration agreement or arbitral award arising out of a legal relationship, whether contractual or not, which is considered as commercial, including a transaction, contract, or agreement described in section 2 of this title, falls under the Convention. An agreement or award arising out of such a relationship which is entirely between citizens of the United States shall be deemed not to fall under the Convention unless that relationship involves property located abroad, envisages performance or enforcement abroad, or has some other reasonable relation with one or more foreign states.

9 U.S.C. § 202. Section 2 of the Federal Arbitration Act provides that a written arbitration provision is enforceable if it is in "a contract evidencing a transaction involving commerce." 9 U.S.C. § 2.[8] The Supreme Court has interpreted section 2 to apply to all contracts that Congress could regulate under the Commerce Clause. Allied Bruce, 513 U.S. at 273-74, 115 S.Ct. 834.

A court presented with a request to refer a dispute to arbitration under Chapter Two of Federal Arbitration Act should conduct a very limited inquiry.

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