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ARKWRIGHT-BOSTON MFRS. MUTUAL INSURANCE CO. v. ENERGY INS. AGENCY

Civ. A. No. H-83-5202.

659 F.Supp. 97 (1987)

ARKWRIGHT-BOSTON MANUFACTURERS MUTUAL INSURANCE CO., et al., Plaintiffs, v. ENERGY INSURANCE AGENCY, INC., et al., Defendants.

United States District Court, S.D. Texas, Houston Division.

April 6, 1987.

Attorney(s) appearing for the Case

Theodore G. Dimitry, Vinson & Elkins, Houston, Tex., for plaintiffs.

Jerry V. Walker, Houston, Tex., for Resource Ins. Services, Inc.

John Pearson, Sewell & Riggs, Houston, Tex., and Don Fowler, Lord, Bissell & Brook, Chicago, Ill., for Energy Ins. Agency, Inc. and Energy Ins. Intern., Inc.

John M. Elsley, Royston, Rayzor, Vickery & Williams, Houston, Tex., for Underwriters at Lloyd's and certain Ins. Companies subscribing to certificate or policy of Ins. EII-373P.

MEMORANDUM ON APPLICABLE LAW AND STANDING TO SUE

HUGHES, District Judge.

The parties have moved for a determination of the applicable law. The alleged policy between Mutual Marine Office, Inc., and Lloyd's contained a Norwegian choice of law and forum selection provision. The parties are corporations in England, New York, and Texas. Texas law will be applied.

The defendants also request that the complaint be dismissed because Mutual's reinsurers...

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