Illinois Casualty Company v. Jessica Burciaga, et al.

── Illinois Casualty Company v. Jessica Burciaga, et al. ── Case No.: 23S-PL-00180 Court: Indiana Supreme Court Date: June 10, 2024 Author: Justice Mark Massa County of Origin: Allen Category: Civil Decision: Affirmed in Part, Reversed in Part Justice Rush, Justice Slaughter, and Justice Molter concur. Justice Goff concurs in result/dissents in part Who decides? That is the fundamental question before us today. Of course, the answer depends on who decides what. See First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 943 (1995) (explaining that “‘who has the primary power to decide arbitrability’ turns upon what the parties agreed about that matter”). If we are talking generally about arbitration agreements, courts can determine whether one “exists.” Henry Schein, Inc. v. Archer & White Sales, Inc., 586 U.S. 63, 69 (2019).