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Pennsylvania Superior Court Enforces Forum Selection Clause In Underinsured Motorist Case
Attached is the link to the Superior Court decision from November 9, 2009 in O'Hara v. Liberty Mutual where the Superior Court affirms the trials court's decision from Philadelphia County which enforces a forum selection clause in an underinsured motorist case where the insurance policy mandated that the claim be file in the county and state of where the insured was legally domiciled at the time of the accident. In this case the insured filed the suit in Philadelphia County where the insurance company conducts business and the insurance company filed to move the case to Delaware County where the insured resided at the time of the accident. The Superior Court finds that the forum slection clause is valid and the case was properly transferred to Delaware County. No word yet on whether a Motion for Reconsideration or en banc argument will be filed.
http://www.pacourts.us/OpPosting/Superior/out/a25039_09.pdfScott B. Cooper
scooper@schmidtkramer.com
717-232-6300
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