Insurer Can't Try Pollution Coverage Suit In NY, Solar Co. Says

By Daniel Tay (December 1, 2021, 7:39 PM EST) -- A renewable energy company's insurer should not be allowed to move a suit over whether it must cover the company's pollution cleanup costs from Rhode Island to New York because Rhode Island has a stronger interest in the suit, the company told a Rhode Island federal court Wednesday.

The forum selection clause in the site-specific pollution liability policy issued to Revity Energy LLC by Nautilus Insurance Co., which requires litigation over the policy to proceed in New York, should be unenforceable because New York has no connection to the dispute, Revity told the Rhode Island court. In contrast, the case has...

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