The following e-filed documents, listed by NYSCEF document number (Motion 001) 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36 were read on this motion to DISMISS. DECISION ORDER ON MOTION Upon the foregoing documents, and after argument, it is ordered that the motion to dismiss the complaint is denied as set forth herein below. BACKGROUND The First Specialty Insurance Contract Defendant First Specialty Insurance Corporation’s (“First Specialty”) contract number ESP 2000878 02 was issued to plaintiff Esalen Institute (“Esalen”) with a property insurance policy period of August 1, 2016 to August 1, 2017 (the “First Specialty insurance contract”) (see, NYSCEF Doc. No. 9, Exh. A at 1 of 52). The First Specialty insurance contract has a maximum limit of liability of $5,000,000 per occurrence part of $10,000,000 per occurrence (see, id.). The First Specialty insurance contract requires that any suits against First Specialty be filed in the “exclusive jurisdiction” of New York and that New York law applies to the contract (id., at 42 of 52). The “Applicable Law; Court Jurisdiction” provision of the First Specialty insurance contract states: Applicable Law; Court Jurisdiction The laws of the State of New York, without regard to any conflict of laws rules that would cause the application of the laws of any other jurisdiction, shall govern the construction, effect, and interpretation of this insurance agreement. The parties irrevocably submit to the exclusive jurisdiction of the Courts of the State of New York and to the extent permitted by law the parties expressly waive all rights to challenge or otherwise limit jurisdiction. Further, the First Specialty insurance contract requires that the suit be filed within 24 months after the date of loss. The Suit Against Company provision (the “24-Month Suit Limitation Provision”) states: V. SUIT AGAINST COMPANY: No suit, action or proceeding for the recovery of any claim under this Policy shall be sustainable in any court of law or equity unless the Insured shall have fully complied with all the requirements of this Policy, nor unless the same be commenced within twenty four (24) months next after the date of loss, provided however, that if under the laws of the jurisdiction in which the property is located such time limitation is invalid, then any such claims shall be void unless such action, suit or proceedings is commenced within the shortest limit of time permitted by the laws of such jurisdiction. (Id., at 28 of 52.) The complaint (
21-22) alleges that Esalen “provided timely notice of its business interruption loss to First Specialty in or around February 2017″ and that “[o]n or about June 22, 2017 and June 29, 2017, First Specialty denied coverage for Esalen’s business interruption claims.” Specifically, by claim denial letter dated June 22, 2017 (NYSCEF Doc. No. 27), First Specialty informed Esalen as follows: The policy contains a provision which requires that the insured must file any suit or action on the policy within 24 months of the loss or damage which gives rise to the claim, which period shall toll from the date of notice until the date the insured receives the Insurer’s coverage decision. In compliance with California Insurance Regulation 2695.4(A), we hereby advise you that the suit-limitation was tolled from January 20, 2017 to the date of this letter. The California Action Although the First Specialty insurance contract contained a New York forum selection clause: on June 21, 2019 — which was within 24 months of First Specialty’s aforesaid June 22, 2017, claim denial — Esalen filed an action against First Specialty in the Superior Court of the State of California, County of Monterey (the “California Action”) (see, NYSCEF Doc. No. 10). In the California Action, Esalen sought coverage under the First Specialty insurance contract for alleged business interruption losses sustained by its retreat and educational center located in Big Sur, California (the “Esalen Center”) (id.,
