GTTC Prevails in Venue Dispute in Contaminated Products Insurance Case
September 11, 2017
The Western District of Washington recently denied an insurer’s Motion to Dismiss or Transfer Venue of an insurance coverage case to New York. The court also granted GTTC’s Motion for Confirmation of Venue. The insurer argued the policy’s forum-selection clause required the dispute to be heard in New York. GTTC attorneys Dale Kingman and Greg Pendleton successfully argued the policy’s forum selection clause was void ab initio under Washington law, meaning it was never part of the insurance policy. The court also agreed with GTTC’s arguments that the clause violated RCW 48.18.200 and that public and private interest factors favored venue in Washington. The litigation stems from a recall of frozen vegetables and concerns contaminated products insurance sold to a Washington-based company.