Originally from:

Journal of American Arbitration (JAA) - Vol. 6, No. 1

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ARTICLES

Reverse Preemption and Its Effect on
Arbitration Clauses in Insurance Contracts
in PinnOak Resources, L.L.C. v. Certain
Underwriters at Lloyd’s, London
By Joshua Funk

I. OVERVIEW
A series of methane explosions in a West Virginia mine
operated by PinnOak Resources (PinnOak) and Pinnacle Mining
Company (Pinnacle) prompted the companies to file claims with
their insurance companies.1 When the insurance companies denied
their claims portions, PinnOak and Pinnacle filed suit in the Circuit
Court of Wyoming County, West Virginia on February 6, 2004.2
PinnOak is a Delaware-based limited liability company with its
principle place of business in Pennsylvania.3 Pinnacle is also a
Delaware-based limited liability company with its principal place
of business in West Virginia.4 Both companies own and operate a
bituminous coal mine in Wyoming County known as the Pinnacle