News & Analysis as of

Forum Selection Insurance Industry

Holland & Knight LLP

U.S. Supreme Court Rules on Choice-of-Law Provisions in Marine Insurance Contracts

Holland & Knight LLP on

In a 9-0 decision, the U.S. Supreme Court held on February 21, 2024, that choice-of-law clauses in marine insurance contracts are presumptively enforceable under federal maritime law. These clauses should be enforced unless...more

Cozen O'Connor

Forum Selection Pause: Washington’s Prohibition on Forum Selection Clauses in Insurance Contracts

Cozen O'Connor on

Since Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991), forum selection clauses typically enjoy robust enforcement at both the state and federal levels. For that reason, in many (if not most) jurisdictions,...more

Miller Nash LLP

Update: Ninth Circuit Affirms Enforcement of China Venue Clause

Miller Nash LLP on

As an update to our blog post on June 2, 2021, the Ninth Circuit recently affirmed an Oregon court’s ruling that a venue clause in a Chinese liability policy required that a coverage dispute between an additional insured and...more

Lowenstein Sandler LLP

Coverage Litigation Leapfrog: Why Venue Matters and How to Avoid Pre-emptive Strike Actions

Lowenstein Sandler LLP on

With insurance policies being governed by state law, and interpretation varying from state to state, where your lawsuit is venued matters. There is a cyclical history of insurers and policyholders strategically filing suits...more

Maynard Nexsen

Nexsen Pruet's Torts, Insurance and Products Blog: Most Popular Highlights 2018

Maynard Nexsen on

Insurers Take Heed: South Carolina Law Does Not Require Apportionment of Punitive Damages - 07.10.18 - In a significant but not entirely novel ruling, the South Carolina Supreme Court recently held that South Carolina law...more

Carlton Fields

Court Enforces Forum Selection And Choice Of Law Clauses In Worker’s Compensation Reinsurance Participation Agreement

Carlton Fields on

Plaintiff AGL Industries, Inc. (AGL), a steel fabrication and erection business, enrolled in a workers’ compensation insurance policy with Defendant Continental Indemnity Company and a reinsurance participation agreement...more

Carlton Fields

On Reconsideration, Applied Underwriters Again Loses Argument To Enforce Mandatory Forum Selection Clause In Reinsurance Contract

Carlton Fields on

As we previously reported, the District of Connecticut in September denied a motion to transfer based on a mandatory forum selection clause in a reinsurance contract in a dispute between Applied Underwriters, Inc. and its...more

Carlton Fields

Ninth Circuit Finds Arbitration Clause Showed Clear And Unmistakable Intent To Resolve Arbitrability Questions By Arbitration

Carlton Fields on

Finding Montana law was inapplicable to the subject insurance policy under both federal maritime choice-of-law principles and the policy language, the Ninth Circuit Court of Appeals determined that an arbitration clause was...more

Carlton Fields

Applied Underwriters, Inc., Loses Argument To Enforce Mandatory Forum Selection Clause In Reinsurance Contract

Carlton Fields on

On September 12, the District Court for Connecticut denied a motion to transfer predicated on a mandatory forum selection clause in a reinsurance contract. The contract was one of several entered into by Applied Underwriters,...more

Bennett Jones LLP

The Supreme Court of Canada’s Fall Term: the Internet Court?

Bennett Jones LLP on

The Supreme Court of Canada’s Fall term, which began on October 3rd, could probably be labelled the “internet term”, with major cases involving both Google and Facebook. The Court will also be hearing a number of other cases...more

Carlton Fields

Seventh Circuit Affirms Service Of Suit Clause In Reinsurance Treaties And Grants Cedent Absolute Right To Select Forum

Carlton Fields on

Based on the plain and ordinary meaning of the service of suit clause, the Seventh Circuit Court of Appeals found a reinsurer waived its right of removal. The service of suit clause provided...more

Carlton Fields

Following Reversal Of Arbitrability Rulings On Appeal, Court Dismisses Reinsurance Litigation Based On Forum Selection

Carlton Fields on

On August 15, 2014, we reported on a Tennessee district court finding unenforceable an arbitration clause in a Reinsurance Participation Agreement (RPA) between an insured and a reinsurer. The insured had filed a lawsuit...more

Carlton Fields

Court Holds That Service-Of-Suit Clause Waives Right To Seek Removal

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The Northern District of Illinois recently granted a motion to remand filed by an insolvent insurer’s assignee because the removal contravened the forum-selection clauses of the reinsurance agreements at issue. Pine Top...more

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