Missouri Revised Statutes

Chapter 435
Arbitration
Section 435.350

August 28, 2008


Validity of arbitration agreement, exceptions.

435.350. A written agreement to submit any existing controversy to arbitration or a provision in a written contract, except contracts of insurance and contracts of adhesion, to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. Contracts which warrant new homes against defects in construction and reinsurance contracts are not "contracts of insurance or contracts of adhesion" for purposes of the arbitration provisions of this section.

(L. 1980 H.B. 1203 § 1, A.L. 1996 H.B. 929)

(2000) Section regulates the business of insurance and thus is not preempted by the Federal Arbitration Act due to the provisions of the McCarran-Ferguson Act. Standard Security Life Ins. Co. v. West, 127 F.Supp.2d 1064 (W.D. Mo.); aff'd, 267 F.3d 821 (8th Cir. 2001).


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