The Appellate Group

First American Title Ins. Co. v. Barron

First American Title Ins. Co. v. Barron, 2023 UT App 109 (Tenney, J.)


Purchasers and Company entered into contracts, which identified Escrow Agent and which required disagreements between Purchasers and Company to go through arbitration. Purchasers later sued Escrow Agent and Company, and Escrow Agent filed a motion to compel arbitration. The district court denied Escrow Agent’s motion to compel arbitration. The Utah Court of Appeals reversed, holding:

  • The district court incorrectly interpreted the contracts because (1) under the contracts’ choice of law provisions, Colorado law applied; and (2) Colorado law allows third-party beneficiaries like Escrow Agent to enforce arbitration clauses.

Read the full court opinion