In Re Aiu Insurance Company, Relator

Summary

The Texas Supreme Court conditionally granted a writ of mandamus directing the trial court to dismiss the case and enforce the insurance policy’s forum‑selection clause requiring litigation in New York, holding the clause enforceable and finding the trial court’s denial an abuse of discretion. The Court also held that AIU had no adequate remedy by appeal and had not waived the clause. Justice Phillips, dissenting, argued that mandamus was inappropriate because the remedy by appeal was adequate.