Coventry Health Care of Florida, Inc. v. Crosswinds Rehab, Inc., LLC
Coventry appealed the denial of its motion to compel arbitration of putative class claims brought by 206 Golden, a successor operator of a nursing facility that never signed the participating provider agreement containing the arbitration clause. The Third District affirmed, holding that where the party resisting arbitration never signed the agreement, the trial court — not an arbitrator — decides whether the arbitration provision applies, and the record lacked competent substantial evidence of implied assumption or estoppel binding the non-signatory.
Key facts
- Coventry Health Care of Florida, a health plan, sought to compel arbitration of class claims brought by 206 Golden, a successor operator of a nursing facility.
- 206 Golden never signed the participating provider agreement between Coventry and the original facility operator, but that agreement contained an arbitration clause with 'successors and assigns' language.
- +2 more key facts with a free trial
Why it matters
A useful decision for litigants opposing arbitration as non-signatories: it reaffirms that the gateway question of whether an arbitration clause reaches a non-signatory is for the court, not the arbitrator, and that a… — full analysis with a trial
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