Texas Supreme Court

In Re Aiu Insurance Company, Relator

September 3, 200447 Tex. Sup. Ct. J. 1093

Summary

The Texas Supreme Court held that the forum‑selection clause in the AIU insurance policy is enforceable and that a writ of mandamus is the proper remedy because the trial court’s denial of the motion to dismiss constituted an abuse of discretion and there is no adequate appellate remedy. The Court also rejected Dreyfus’s public‑policy and waiver arguments. Chief Justice Phillips, dissenting, argued that mandamus should be reserved for truly extraordinary circumstances and that the clause does not merit such relief.