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Energy Conserv. Grp. v. Applied Underwriters Inc.

Enforcement of Forum Selection Clause Denied as It Would Be Unreasonable, Unjust

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The following papers numbered 1 to 6 read on this motion by the defendants for an order pursuant to CPLR §3211(a)(1), 1001, and 1003 dismissing the complaint against them.Papers NumberedOrder to Show Cause — Affidavits — Exhibits 1-3Memoranda of Law 4-6

*1 Upon the foregoing papers it is ordered that the motion is denied. This action arose from a dispute between the plaintiff and the defendants concerning a balance totaling $1,663,655 as of December 8, 2015, allegedly owed by plaintiff pursuant to Reinsurance Participation Agreements (RPA’s). According to the defendants, pursuant to a 2010 RPA, the plaintiff “participated in risk sharing in their own worker’s compensation coverage for a three year term starting on October 1, 2010 and effective through October 1, 2013.” On October 1, 2013, the plaintiff and Applied Underwriters Captive Risk Assurance Company, Inc. (AUCRA) signed a new RPA for an additional three year term running from October 1, 2013 through October 1, 2016.

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