Lewis v. Liberty Mutual Insurance Co., No. 18-16140 (9th Cir. 2020)
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After plaintiffs were awarded more than $45 million in a products liability suit brought against EcoSmart, EcoSmart declared bankruptcy and plaintiffs brought a direct action against EcoSmart's insurer, LMIC, for payment on the judgment. LMIC argued that its policy with EcoSmart had a forum-selection clause designating Australian courts as the exclusive forum. The district court granted LMIC's motion to dismiss on grounds of forum non conveniens.
The Ninth Circuit held that, because plaintiffs stand in the shoes of EcoSmart, their third-party creditors' rights are derivative of the rights and limitations held by the bankrupt insured, and thus the forum-selection clause applies. The panel also held that plaintiffs have not shown that the clause violates California public policy or that Australia is an inadequate forum for suit. Accordingly, the panel affirmed the district court's judgment.
Court Description: Forum Selection. The panel affirmed the district court’s dismissal on the grounds of forum non conveniens of a diversity insurance coverage action. Plaintiffs obtained a $45 million judgment in a products liability suit brought against EcoSmart, Inc. When EcoSmart declared bankruptcy, plaintiffs brought this action against EcoSmart’s insurer for payment on the judgment. The district court dismissed the suit based on a forum-selection clause in the insurance policy designating Australian courts as the exclusive forum. The panel held that under California law because the plaintiffs stood in the shoes of EcoSmart, their third-party creditors’ rights were derivative of the rights and limitations held by the bankrupt insured, and thus the forum-selection clause applied. The panel further held that the plaintiffs had not shown that the clause violated California public policy or that Australia was an inadequate forum for suit. The panel rejected plaintiffs’ arguments that Cal. Ins. Code § 11580, or Cal. Ins. Code § 678.1, precluded litigation in Australia. LEWIS V. LIBERTY MUTUAL INS. CO. 3
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