Spector v. Global Aerospace Underwriting Managers
This appeal concerns the proper location to adjudicate insurance coverage issues arising from the fatal crash of a business jet in Egelsbach, Germany in March 2012. Plaintiff and appellant Asia Today, Ltd. (Asia Today), a Hong Kong company, purchased the policy from defendant and respondent Global Aerospace Underwriting Managers (Global). Rainer Schultz, a German citizen who owned Asia Today, was piloting the plane and Jon Felipe DeLeon Jose (Jose) was the copilot. Both were killed.
The policy is written in German and states that it is governed by German law. The policy contains a forum selection clause identifying London, England (where Global is headquartered) or Cologne, Germany (where the policy was issued) as the locations with jurisdiction over actions arising from the policy. The trial court dismissed the action, finding that the forum selection clause was mandatory, not permissive, and that Appellants therefore must pursue their claims in England or Germany.
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