August 2008

Insureds Are Not Always Bound

By Linda D. Kornfeld and Daniel H. Rylaarsdam

More and more frequently, insurers are including “choice of forum” provisions in their policies in which these insurers identify a particular state or country where coverage litigation “must” be pursued. While in the past few decades a body of law has developed in federal courts that provides some support for this approach, the standard is not nearly as rigid as insurers would have their insureds and courts overseeing coverage litigation believe.

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