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Jurisdiction of the courts in matters of insurance: the determinative role of the choice of forum clause

In 9285-6111 Québec inc. c. Dream Yacht Charter[1], the Superior Court recently gave full application to a choice of forum clause contained in the insurance contract identifying the court of competent jurisdiction for hearing disputes arising from the contract. A catamaran owned by 9285-6111 Québec inc. (‘9285″) and operated by Dream Yacht Charter (“DYC”) was…

Borgatti Estate: Extrinsic Evidence & the Duty to Defend

According to the next to last words of the renowned criminal genius Vizzini, the greatest mistake is to get involved in a land war in Asia. “But”, he famously continued, “only slightly less well known is this: never attempt to prove disputed facts which might jeopardize your insured’s underlying legal position, in order to establish…

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