Forum Selection Clauses in Illegal Insurance Policies Aren't Enforceable

A New York appellate court ruled that the forum selection clause in an illegal insurance policy is not enforceable as a matter of public policy. Case: Air-Sea Packing Group Inc. v. Applied Underwriters Inc., No. 711035/19, 04/17/2024, published. Facts: Applied Underwriters Inc. and Applied Underwriters Captive Risk Assurance Co. are affiliates of Berkshire Hathaway Inc. and headquartered in Nebraska. They sold a workers' compensation insurance program in New York known as EquityComp. Air-Sea Packing Group Inc. purchased the EquityComp program and participated in it from April 2014 ...