In Benjamin v. Popoly, the Court of Appeals of Ohio reviewed whether the liquidator of an insolvent insurance company have the power to avoid the enforcement of arbitration agreements. The court held that the broad statutory power conferred to a liquidator permitted them to affirm or disavow any contracts made by the insolvent insurance companies, including any contractual provisions for the arbitration of disputes. The court also expressly overruled prior Ohio case law regarding the status of arbitration agreements in insurance insolvency.
Frank C. Koranda Jr.,
On Hostile Ground: Ohio's Notice to Insolvent Insurance Companies with Arbitration Agreements - Bejamin v. Pipoly,
2004 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2004/iss2/8