Madick Insurance, et al. v. 3 Mark Financial, Inc. et al.

Facts: Plaintiff retail insurance broker filed an action for indemnity against our client, an intermediary broker. The insurer had filed an action against Plaintiff in Massachusetts for the return of unearned commissions advanced to Plaintiff on several lapsed policies. Plaintiff blamed our client for the policies lapsing and sought indemnity for the Massachusetts lawsuit.

Result (Trial Court): We filed a motion for forum non-conveniens based on a contractual forum selection clause in the contract between Plaintiff and our client. The trial court granted the motion and dismissed the case.

Result (Appeal): Plaintiffs appealed. Following oral argument, the Court of Appeal (Division Eight, Second Appellate District) sustained the trial court’s dismissal of the action.

Note: RJM drafted the motions/briefs and orally argued the same before the trial court and Court of Appeal.

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