After nursing home residents filed suit against the facility for negligence, the facility filed a motion to compel arbitration under the Federal Arbitration Act ("FAA"), which the trial court denied based on the arbitration agreement's failure to comply with the requirements of Texas Civil Practice and Remedies Code Sec. 74.451, i.e., lack of boldface notice and attorney signature. Because Sec. 74.451 was "enacted for the purpose of regulating the business of insurance," it fell within the McCarran-Ferguson Act's protection against preemption by the FAA. The trial court's order denying arbitration under the FAA is affirmed.
The Williamsburg Care Company L.P. v. Acosta
Tex. App. Dist. 4
July 2, 2013