90 followers. This goes back to the FAA, which basically says that the Court is to focus only upon the arbitration agreement to the exclusion of all other things that do not more-or-less directly relate to the arbitration agreement. Fiduciary - Primary Licensee The Regulation of Fiduciaries, Administration Businesses and Company Directors, etc (Bailiwick of Guernsey) Law, 2020 Artex moved to compel arbitration, the plaintiffs filed oppositions, and this brouhaha resulted in the Order which I shall next relate. [11428520] [19-16746] (Flegle, Jim) [Entered: 09/11/2019 02:26 PM], Docket(#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. IRS, Dillon Trust Company LLC v. Koskinen et al. The local law, that of Arizona, so allows. The downside to class actions is, of course, the potential for one huge award; it is much like putting all of one's chips on either red or black at roulette, instead of spreading the chips (and the risk) around the table. 2:10-CV-02756 | 2010-12-21, U.S. Courts Of Appeals | Tax | Date of service: 09/11/2019. The agreements signed by the captive owners (or at least the putative class representatives) against Artex contained the following arbitration clause: You and we agree that in the event of any dispute that cannot be resolved between the parties, that we will agree to seek to resolve such disputes through mediation in Mesa, Arizona, and if that fails, that all disputes will be subject to binding arbitration in Mesa, Arizona, with arbitrators to be agreed upon by the parties, and if no agreement is reached, then arbitrated by the American Arbitration Association (AAA). One looking at a contract cannot merely go over the important deal points, and call it Miller Time, for the difference in the outcome based on the boilerplate can be tremendous. Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Cookies This site uses cookies and other tracking technologies to assist with navigation and accessing content, analyse your use of our products and services, assist with our promotional and marketing efforts. Shivkov v Artex Risk Solutions (Case No. The case status is Pending - Other Pending. 2:14-CV-01216 | 2014-06-03, U.S. District Courts | Other | There is a good reason that some talented lawyers get paid a lot of money to review contracts and negotiate the minutiae of their terms, although their value may not become apparent until there is a dispute. First, the panel held that the agreements are not unenforceable on the grounds that plaintiffs raise. Addressing an issue of first impression concerning the survival of arbitration obligations following contract termination, the Ninth Circuit held that the agreements do not expressly negate the presumption in favor of post-termination arbitration or clearly imply that the parties did not intend for their arbitration obligations to survive termination. December 14, 2018 Arthur J. Gallagher & Co. and its captive management unit, Artex Risk Solutions Inc., are being sued by a group of small employers alleging they have had to pay back taxes and other penalties to the Internal Revenue Service (IRS), involving their participation in 831 (b) captives. You may opt-out by. (Employees and Sales figures are modelled). I've actually gotten past an arbitration provision in a psuedo-captive case (Scolari v. Bancroft), but that took extraordinary research and effort, real burning-the-candle at 4:00 a.m. while looking at hundreds of court opinions type of stuff. Third, the Court held that because the arbitration clauses were silent on the issue of class action arbitration, they did not permit such an action. Appellants 5T Capital Fund II LLC, 5T Capital Holdings LLC, 5T Capital LLC, AZ Storage 1 LLC, AZ Storage 2 LLC, Affilion of Cobre Valley LLC, Affilion of Huntsville PLLC, Affilion of Texas PLLC, Nadim B. Bikhazi, Blake Welling MD PC, Kimberly Blaser, Blaser Management LLC, Blue Horizon Holdings LLC, Boomerang Sonoran LLC, Boomerang WB LLC, Borsight, Inc., Bourne Tempe Land LLC, Brian Tiffany MD PC, Bradley S. Bullard, Cathleen M. Bullard, Keith Butler, Rebecca M. Butler, Butler Medical Group, Inc., Cation LLC, DVS Holdings LLC, Devotion Homes LLC, Florida Citrus Holdings LLC, Katherine S. Frank, Ryan P. Frank, Glass House LLC, Ingenuity Auto Leasing LLC, Ingenuity Aviation LLC, Ingenuity Equity Group II LLC, Ingenuity Equity Group III LLC, Ingenuity Equity Group LLC, Ingenuity Leasing Company II LLC, Ingenuity Leasing Company LLC, Ingenuity Matrix, Inc., Ingenuity Professional Services PLLC, Kamaole Luxury Rentals LLC, Kannapali Beach Holdings LLC, Karen A. Kostluk-Bikhazi, John Linder, Nina Linder, Maui Luxury Rentals LLC, Cynthia McHale, Paul M. McHale, McHale Capital Management LLC, Brenda Mae Miller, Robert C. Miller, Ogden Clinic Professional Corporation, Our Retirement LLC, PS Bailey LLC, Keith E. Pereira, RV Storage LLC, Resiliant LLC, Bruce G. Robinson, Dimitri Shivkov, Silver Meadow Investing LLC, Spectra Services, Inc., Stone Haven Lodge LLC, Symphony Development Corporation, Symphony Homes LLC, T&G Investments LLC, TW Management LLC, Taylor-Wilke Holdings LLC, Brian R. Tiffany, Traditions Emergency Medicine PA, Treadstone Core3 LLC, Treadstone Equity Group LLC, Kristina Tsonev, UTA Holdings LLC, UTA Investments LLC, Utah Spine Care LLC, Sara Van Alstyne Robinson, Blake G. Welling, Stephanie G. Welling, Western States Medical LLC, Eric K. Wilke, Julie T. Wilke, Wilke Medical Direction PLLC and Vassil Zhivkov opening brief due 11/08/2019. All claims or disputes will be governed by Arizona law. BACKGROUND Petitioner contends that the Internal Revenue Service (IRS) is conducting an This is sort of a different way of saying caveat emptor, or caveat emptor tectumque tributum (buyer beware the tax shelter) if you prefer. Artex Risk Solutions (Guernsey) Limited. The same is true for limitation of liability clauses. The promoter, in its defense to the attempted class-action certification, alleges that each investor signed a contract when they got into the deal which says that any disputes will be resolved in arbitration, i.e., each investor's case will have to be decided one-by-one in arbitration proceeds, and not en masse through a class-action lawsuit. Artex Risk Solutions, Inc. www.artexrisk.com Artex is the world's fastest-growing and most diverse insurance manager, with more than 400 staff in 15 global offices. [11428978][19-16746] (AD) [Entered: 09/11/2019 06:44 PM], Docket(#2) Filed (ECF) Appellants 5T Capital Fund II LLC, 5T Capital Holdings LLC, 5T Capital LLC, Affilion of Cobre Valley LLC, Affilion of Huntsville PLLC, Affilion of Texas PLLC, AZ Storage 1 LLC, AZ Storage 2 LLC, Nadim B. Bikhazi, Blake Welling MD PC, Blaser Management LLC, Kimberly Blaser, Blue Horizon Holdings LLC, Boomerang Sonoran LLC, Boomerang WB LLC, Borsight, Inc., Bourne Tempe Land LLC, Brian Tiffany MD PC, Bradley S. Bullard, Cathleen M. Bullard, Butler Medical Group, Inc., Keith Butler, Rebecca M. Butler, Cation LLC, Devotion Homes LLC, DVS Holdings LLC, Florida Citrus Holdings LLC, Katherine S. Frank, Ryan P. Frank, Glass House LLC, Ingenuity Auto Leasing LLC, Ingenuity Aviation LLC, Ingenuity Equity Group II LLC, Ingenuity Equity Group III LLC, Ingenuity Equity Group LLC, Ingenuity Leasing Company II LLC, Ingenuity Leasing Company LLC, Ingenuity Matrix, Inc., Ingenuity Professional Services PLLC, Kamaole Luxury Rentals LLC, Kannapali Beach Holdings LLC, Karen A. Kostluk-Bikhazi, John Linder, Nina Linder, Maui Luxury Rentals LLC, McHale Capital Management LLC, Cynthia McHale, Paul M. McHale, Brenda Mae Miller, Robert C. Miller, Ogden Clinic Professional Corporation, Our Retirement LLC, Keith E. Pereira, PS Bailey LLC, Resiliant LLC, Bruce G. Robinson, RV Storage LLC, Dimitri Shivkov, Silver Meadow Investing LLC, Spectra Services, Inc., Stone Haven Lodge LLC, Symphony Development Corporation, Symphony Homes LLC, T&G Investments LLC, Taylor-Wilke Holdings LLC, Brian R. Tiffany, Traditions Emergency Medicine PA, Treadstone Core3 LLC, Treadstone Equity Group LLC, Kristina Tsonev, TW Management LLC, UTA Holdings LLC, UTA Investments LLC, Utah Spine Care LLC, Sara Van Alstyne Robinson, Blake G. Welling, Stephanie G. Welling, Western States Medical LLC, Wilke Medical Direction PLLC, Eric K. Wilke, Julie T. Wilke and Vassil Zhivkov Mediation Questionnaire. [11422774] (RT) [Entered: 09/05/2019 04:40 PM]. The average Artex Risk Solutions salary ranges from approximately $161,294 per year for a Captive Manager to $161,294 per year for a Captive Manager. "Greed. [11448711] (VS) [Entered: 09/30/2019 01:50 PM], Docket(#4) MEDIATION ORDER FILED: The Mediation Program of the 9th Circuit Court of Appeals facilitates settlement while appeals are pending. The Court first noted that the Federal Arbitration Act ("FAA", not to be confused with the Federal Aviation Administration whose unofficial motto is known to pilots and frequent fliers as "We're not happy until you're not happy") controls whether in interstate commerce -- very broadly defined -- such arbitration agreements will be enforced. Presumably, the next important legal issue will be whether Artex's attempt to limit liability to gross negligence will itself stand up (it probably will); again, that will take a lot of hard research and factual development to get around and you can't just "mail it in" and expect a win. Under the FAA as it has been interpreted by the courts generally, arbitration is a contractual matter which is enforceable just like any other contractual matter. Artex Risk Solutions Insurance Rolling Meadows, IL 4,916 followers We believe in finding you a better way. CLAIM THIS BUSINESS 8840 E CHAPARRAL RD # 275 SCOTTSDALE, AZ 85250 Get Directions (480) 951-4177 www.artexrisk.com Business Info Founded -- Incorporated Annual Revenue -- Employee Count 45 Industries Insurance Agents, Brokers, And Service 20-1015 | 2020-01-21, U.S. District Courts | Tax | Franchised (new) and Independent (used) motor vehicle dealers are eligible to buy and use metal dealer plates. Artex Risk Solutions Inc is a company that operates in the Insurance industry. The U.S. Court of Appeals for the 9th Circuit ruled on September 9, 2020, that a group of plaintiffs who had failed risk-pooled 831(b) captive insurance companies (a/k/a microcaptives) could not maintain a class action arbitration against their captive manager, Artex Risk Solutions, Inc., and associated outside professionals. March 30, 2016 Artex Risk Solutions announced it has entered into a definitive agreement to acquire the cores of Guernsey-domiciled Hexagon Insurance PCC Ltd. and its subsidiaries. 37 uploads. 1:17-CV-01571 | 2017-06-27, U.S. District Courts | Civil Right | On 09/05/2019 Dimitri Shivkov filed an Other - Racketeer Influenced & Corrupt Organizations Act lawsuit against Artex Risk Solutions, Inc .This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Ninth Circuit. Let's say that investors gets into an alleged tax shelter, the shelter blows up causing losses, and the investors bring a class-action lawsuit against the promoter. Public Records Policy. The existing briefing schedule remains in effect [11434611] (MS) [Entered: 09/17/2019 02:41 PM], Docket(#3) The Mediation Questionnaire for this case was filed on 09/11/2019. 1 (1) 76% of the Common Stock of this subsidiary is owned by two third parties. This opinion definitely represents a win for microcaptive managers and other professionals, insofar as class actions are a nuclear weapon that threatens to wipe out all defendants entirely, whereas now those defendants will only have to face independent arbitrations by each of these plaintiffs individually. But it should be recalled that this is only a preliminary procedural win for Artex, and it will still have to defend itself in arbitration proceedings against the clients who go through with it. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . See jobs Follow View all 315 employees . (3) 15% of the Membership Interests of this subsidiary is owned by an unrelated party. Will such arbitration provisions stand up? In this case, the agreements do not clearly and unmistakably delegate that issue to the arbitrator. Three Artex employees have left the company, Captive Review can reveal. The lawsuit also stated that the transactions under the captive insurance strategies were not insurance, the plaintiffs and class members' captives were not insurance companies and their attempted 831(b) elections were unlawful. Case No. Founders Peter Mullen. This Week In Credit Card News: Rate Hikes Effect On Credit Cards; Capital Ones Big Taylor Swift Promotion, 7 Smart Year-End Tax Planning Moves For Small Business Owners, Digital Money Scams On The Rise: How To Avoid Them, Biden: 16 Million Student Loan Forgiveness Applications Are Already Approved But Relief Is On Hold Due To Republican Challenges, The Private Registered Bond For Investment Scam, Courts Block On Student Loan Forgiveness Continues, But Theres A Big Update, 5 Ways To Look Beyond Your Credit Score To Build Financial Stability, Student Loan Debt Is A Critical Midterm Election Issue, Class Action Targets Arthur J. Gallagher & Co. Over Captive Insurance Tax Shelter, https://captiveinsurancecompanies.com/cases/shivkov/084_190805_OrdDism2Arb.pdf. This probably isn't a big deal for Artex, which has the deep pocket to afford the legal fees, but it might be a big deal for the numerous other individual defendants who might be quickly overcome with their own legal expenses. Furthermore, the firm claims that the defendants unlawfully abused their positions by fraudulently inducing client to pay substantial fees fees for insurance, legal, accounting, tax, and actuarial advice and services in connection with the captives. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. US Court of Appeals for the Ninth Circuit. Which is to say that there are well-accepted ways for plaintiffs to get around arbitration agreements, such as when a party suborns another party's attorney who blessed the agreement by backdoor payments, etc., such as what happens when a tax shelter promoter kicks back some dough to the referring attorney who then also reviews the agreement. ArteX. Opinions expressed by Forbes Contributors are their own. Artex Risk Solutions, Inc. grants permission to view, copy, print and distribute the information found on this Web site provided that the above copyright notice appears on all copies, use is for internal informational purposes only, and no modification is made to any materials. After you do business with Artex Risk Solutions, please leave a review to help other people and improve hubbiz. EWI was founded in 1959 and offers reinsurance program design and placement services for captives and mutual insurance companies. This contrasts starkly with Ethernet, which is a switched technology. ARTEX RISK SOLUTIONS, INC., )) Respondent. ) in a nutshell, a bunch of folks unhappy with their risk-pooled 831 (b) captive insurance arrangements that were managed by a gallagher subsidiary, artex, brought a class-action complaint to. Sub-Organization of. While there was certainly sufficient allegations that Artex had breached its fiduciary duties in regard to the management of the plaintiffs' captives, there were not sufficient allegations that Artex had breached those duties in getting the plaintiffs to sign the arbitration agreements, which is quite different. Next . Here, a court is to look only at these two questions and ignore the rest of the merits of the case unless they touch upon one or both of these issues, i.e., even the most egregious, horrifying and fattening case will go to arbitration if both of these questions are answered "yes". 2:18-cv-04514-GMS (D. Ariz. Dec. 6, 2018), but references a different plaintiff. See jobs Follow View all 331 employees About us At Artex, there's an art to what. Cancellation and Refund Policy, Privacy Policy, and Any other use, reproduction or distribution must be first approved . This mindset yields better management of risk, better strategies for cost containment and better solutions for (re)insurance and alternative risk. This case follows former clients of Artex seeking damages from it in an Arizona-based lawsuit, Shivkov v Artex Risk Solutions, accusing the captive manager of conspiring to design, promote, sell, implement and manage illegal tax-advantaged captive insurance strategies using unlawful attempted 831 (b) elections. The schedule is set as follows: Mediation Questionnaire due on 09/12/2019. Order dated August 5, 2019, Shivkov v. Artex Risk Solutions, Inc., D.Ariz. Address. I previous wrote about the Shivkov class-action complaint in my article, Class Action Targets Arthur J. Gallagher & Co. Over Captive Insurance Tax Shelter, December 10, 2018. Then, they couldn't sign fast enough, and didn't bother to have some knowledgeable lawyer carefully look over these agreements to see what their rights were or were not in the event of a dispute. Phone Number: (630) 694-5050. Plaintiffs settled with the IRS and then brought this putative class action against defendants. The existing briefing schedule remains in effect [11434611] (MS) [Entered: 09/17/2019 02:41 PM], (#3) The Mediation Questionnaire for this case was filed on 09/11/2019. The defendants sold products and services they knew were illegal and would be disallowed as abusive and illegal tax shelters, resulting in their client sustaining substantial damages, for the sole purpose of earning significant fees and commissions. Finally, the plaintiff argued that because their agreement with Artex had terminated, the arbitration agreement also terminated. To reduce time and expenses, we each waive our right to litigate against one another regarding the services provided and obligations pursuant to this Agreement, and instead you and we have chosen binding arbitration. Captive International has reached out to Artex and Arthur J Gallagher for comment. A statement from Artex Risk Solutions stated: "On 5 August, the judge in the Shivkov putative class action lawsuit issued an order for individual arbitration. Appellees AmeRisk Consulting LLC, Artex Risk Solutions, Inc., Arthur J. Gallagher & Company, Julie A. Ekdom, Epsilon Actuarial Solutions LLC, Jeremy Huish, Karl Huish, Debbie Inman, Provincial Insurance PCC, TBS LLC, TSA Holdings LLC, Jim Tehero, Tribeca Strategic Accountants LLC and Tribeca Strategic Accountants PLC answering brief due 12/09/2019. Customize this page. Appellants 5T Capital Fund II LLC, 5T Capital Holdings LLC, 5T Capital LLC, AZ Storage 1 LLC, AZ Storage 2 LLC, Affilion of Cobre Valley LLC, Affilion of Huntsville PLLC, Affilion of Texas PLLC, Nadim B. Bikhazi, Blake Welling MD PC, Kimberly Blaser, Blaser Management LLC, Blue Horizon Holdings LLC, Boomerang Sonoran LLC, Boomerang WB LLC, Borsight, Inc., Bourne Tempe Land LLC, Brian Tiffany MD PC, Bradley S. Bullard, Cathleen M. Bullard, Keith Butler, Rebecca M. Butler, Butler Medical Group, Inc., Cation LLC, DVS Holdings LLC, Devotion Homes LLC, Florida Citrus Holdings LLC, Katherine S. Frank, Ryan P. Frank, Glass House LLC, Ingenuity Auto Leasing LLC, Ingenuity Aviation LLC, Ingenuity Equity Group II LLC, Ingenuity Equity Group III LLC, Ingenuity Equity Group LLC, Ingenuity Leasing Company II LLC, Ingenuity Leasing Company LLC, Ingenuity Matrix, Inc., Ingenuity Professional Services PLLC, Kamaole Luxury Rentals LLC, Kannapali Beach Holdings LLC, Karen A. Kostluk-Bikhazi, John Linder, Nina Linder, Maui Luxury Rentals LLC, Cynthia McHale, Paul M. McHale, McHale Capital Management LLC, Brenda Mae Miller, Robert C. Miller, Ogden Clinic Professional Corporation, Our Retirement LLC, PS Bailey LLC, Keith E. Pereira, RV Storage LLC, Resiliant LLC, Bruce G. Robinson, Dimitri Shivkov, Silver Meadow Investing LLC, Spectra Services, Inc., Stone Haven Lodge LLC, Symphony Development Corporation, Symphony Homes LLC, T&G Investments LLC, TW Management LLC, Taylor-Wilke Holdings LLC, Brian R. Tiffany, Traditions Emergency Medicine PA, Treadstone Core3 LLC, Treadstone Equity Group LLC, Kristina Tsonev, UTA Holdings LLC, UTA Investments LLC, Utah Spine Care LLC, Sara Van Alstyne Robinson, Blake G. Welling, Stephanie G. Welling, Western States Medical LLC, Eric K. Wilke, Julie T. Wilke, Wilke Medical Direction PLLC and Vassil Zhivkov opening brief due 11/08/2019. 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