Daily Archives: July 26, 2018

The Latest Frontier for Forum Selection Clauses: ERISA Policies

Posted in: Accidental Death or Dismemberment, ERISA, Health Insurance, Insurance Litigation Blog, Life Insurance July 26, 2018

Letters denying an insured’s claim often end by listing what steps an insured can take to challenge an unfavorable determination.  Assuming all administrative appeals have been exhausted, this generally involves filing a lawsuit. Depending on the language in the underlying insurance policy, the denial letter may state that if an insured wishes to bring suit, they must bring suit in a specific court in a particular state that could be on the other side of the country.  Clauses in contracts, such as insurance policies, that require filing suit in a particular jurisdiction are called “forum selection clauses.”

Courts often enforce forum selection clauses.  When determining whether to enforce a forum selection clause, a court will ask if the forum selection

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