Build Group, Inc. v. Indian Harbor Insurance Company

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

BUILD GROUP, INC., Case No. 24-cv-03426-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. COMPEL ARBITRATION

INDIAN HARBOR INSURANCE Re: Dkt. No. 38

COMPANY,

Defendant.

The motion to compel arbitration is granted. This order assumes the reader’s familiarity with the facts, relevant legal standards, and arguments made by the parties. Indian Harbor and Build Group have an arbitration agreement that incorporates the AAA’s Commercial Arbitration Rules, which delegates issues of arbitrability to the arbitrator. See Order Staying Case, Build Group Inc. v. Indian Harbor Insurance Co., No. 24-cv-2726 (N.D. Cal. Aug. 28, 2024), Dkt. No. 36; see Indian Harbor Insurance Co. v. Build Group, Inc., No. 24-CV-4887, 2025 WL 770049, at *5 (S.D.N.Y. Mar. 11, 2025); see also Fli-Lo Falcon, LLC v. Amazon.com, 97 F.4th 1190, 1198–99 (9th Cir. 2024). Build Group argues that the delegation provision is unconscionable. When considering the conscionability of a delegation provision, a court may look at the “whole context” of the arbitration agreement but only in service of deciding whether the…