Alexander Marine Co., Ltd. v. Fubon Insurance Company, Ltd.
Alexander Marine sued its Taiwanese insurer in Broward County over marine cargo losses, and the trial court dismissed based on a policy provision stating the dispute was "[s]ubject to Taiwanese Law and Jurisdiction." The Fourth District reversed, holding that the clause lacked words of exclusivity and was therefore permissive, constituting only consent to Taiwanese jurisdiction rather than a mandate to litigate there.
Key facts
- Alexander Marine Co., Ltd., a marine cargo insurer policyholder, sued its Taiwanese insurer Fubon Insurance Company, Ltd. in Broward County circuit court over marine cargo losses covered under an insurance policy.
- The insurance policy contained a provision stating the dispute was '[s]ubject to Taiwanese Law and Jurisdiction,' and the trial court dismissed the case based on this forum-selection clause.
- +2 more key facts with a free trial
Why it matters
Practitioners litigating forum-selection defenses get a clean restatement of the mandatory/permissive dividing line and a concrete example of language ('subject to X law and jurisdiction') that fails the exclusivity… — full analysis with a trial
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