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Dispute Resolution Keyed to Carbonneau, 8th Ed.
Patten v. Signator Insurance Agency
Citation:
441 F.3d 230 (2006)Facts
Ralph Patten began working as a sales agent for John Hancock in 1972 and became a General Agent in 1989. In 1992, he entered into a “Mutual Agreement to Arbitrate Claims” with Hancock and its affiliates, which required mandatory arbitration and included a one-year notice requirement for claims. In 1998, Patten entered into a new “Management Agreement” with Signator Investors to become its branch manager. This agreement also required arbitration but contained no limitations period and explicitly stated that it “supersedes all previous agreements.” Patten was terminated effective January 2, 2001. On March 4, 2002, fourteen months after his termination, Patten demanded arbitration. The arbitrator dismissed Patten’s claims as time-barred, ruling that the Management Agreement “necessarily contained an implied term limit” and adopting the one-year period from the superseded Mutual Agreement.
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