Law360 (March 12, 2018, 5:58 PM EDT) -- The Fifth Circuit upheld the dismissal of a Louisiana-based restaurant operator’s suit seeking about $1 million from its insurer to cover property damage on Friday, finding that a forum-selection clause in the insurance policy requires the litigation to be in New York rather than Louisiana.
A three-judge panel said Al Copeland Investments LLC and its affiliate Diversified Foods & Seasonings LLC, a food manufacturer, haven’t sufficiently alleged that a clause in First Specialty Insurance Corp.’s policy is barred by a Louisiana public policy that allegedly gives the state jurisdiction over contracts issued locally. The panel was “unpersuaded” by Al Copeland’s argument...
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