Seventh Circuit: “Follow Form” Insurance Policy Does Not Allow Excess Insurer to Take Advantage of Arbitration Provision in Underlying Policy

In insurance, a “follow form” endorsement is typically understood to mean that an excess or umbrella insurance policy incorporates the terms of another underlying insurance policy.  An excess carrier with such an endorsement might reasonably expect, then, that it could take advantage of an arbitration provision in the underlying policy.  Not so fast, the Seventh Circuit recently ruled.

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Seventh Circuit Holds that Website Failed to Provide User Adequate Notice of Arbitration Clause

The Seventh Circuit recently issued an important opinion for any business that conducts transactions through a website.  In Sgouros v. TransUnion Corp., No. 15-1371, 2016 WL 1169411 (7th Cir. March 25, 2016), the Court held that TransUnion’s website did not provide users with adequate notice of the arbitration clause in its “Service Agreement” to bind them.  In addition to its important holding, the opinion is notable for reproducing screenshots of the webpages at issue to help illustrate exactly how the Court believed TransUnion went wrong.    

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