Lexington Wins Forum Choice In Coverage Feud

Law360, New York (April 16, 2010, 1:57 PM EDT) -- A federal judge has tossed Premium Financing Specialists of California Inc.’s declaratory action against Lexington Insurance Co. in favor of the insurer’s competing suit to recover $700,000 contributed toward Premium’s defense costs in a putative consumer class action.

Judge Scott Wright of the U.S. District Court for the Western District of Missouri declined to exercise jurisdiction, finding Lexington’s suit in California a more appropriate forum for determining whether Premium must return the insurer’s defense contributions.

In October 2009, an arbitration panel concluded Premium, which provides insurance...
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