Americo Life, Inc. v. Myer (Tex. 2011)(Per Curiam Opinion)(mandamus)
FULL TEXT OF OPINION [ forthcoming ]
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OPINION OF THE COURT OF APPEALS BELOW: Court of Appeals
Also see: Texas Causes of Action | 2011 Texas Supreme Court Opinions | 2011 Tex Sup Ct Per Curiams
Americo Life, Inc. v. Myer, No. 10-0734 (Tex. Dec. 16, 2011)(per curiam)
(selection of arbitrators on panel, neutrality of chosen arbitrator)
EXCERPT FROM TEXAS SUPREME COURT'S OPINION
This case concerns an arbitration provision that allows each party to appoint one arbitrator to a panel,
subject to certain requirements. At issue is whether Americo Life, Inc. waived its objection to the
removal of the arbitrator it selected. The underlying dispute concerned the financing mechanism for
Americo’s purchase of several insurance companies from Robert Myer.1 Pursuant to the financing
agreement, Americo and Myer submitted their dispute to arbitration under American Arbitration
Association (AAA) rules. The arbitrators found in favor of Myer, and Americo filed a The court of
appeals is correct that Americo did not expressly state that arbitrators were not required to be neutral.
315 S.W.3d at 75–76. However, Americo argued that the AAA requirements did not apply, that the
only applicable requirements were that they be knowledgeable and independent businesspersons or
professionals, and that Figari met these qualifications. Americo properly preserved this argument.
Therefore, without hearing oral argument, TEX. R.APP. P. 59.1, we reverse the court of appeals’
judgment and remand the case to the court of appeals for further proceedings consistent with this
AMERICO LIFE, INC., AMERICO FINANCIAL LIFE AND ANNUITY INSURANCE COMPANY, GREAT SOUTHERN LIFE INSURANCE
COMPANY, THE OHIO STATE LIFE INSURANCE COMPANY, AND NATIONAL FARMERS' UNION LIFE INSURANCE COMPANY v.
ROBERT L. MYER AND STRIDER MARKETING GROUP, INC.; from Dallas County; 5th district (05-08-01053-CV, 315 SW3d 72, 10-
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the
Court reverses the court of appeals' judgment and remands the case to that court.
Per Curiam Opinion
Link to Electronic Briefs in this case: 10-0734 AMERICO LIFE, INC. v. MYER