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ARTICLE · 28 NOVEMBER 2023

Legal Insights: Upholding Forum Selection Clauses In Insurance Cases

Miller Thomson
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This case concerns a legal dispute involving Avantys Health Inc., an international medical insurance company (the "Insurer") and its insureds, an American couple residing in Florida (the "Insureds").

CanadaInsurance
Jasmine de Guise
Jasmine de Guise
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This case concerns a legal dispute involving Avantys Health Inc., an international medical insurance company (the "Insurer") and its insureds, an American couple residing in Florida (the "Insureds"). For the purpose of this article, we will discuss the Court of Appeal's decision on the application of the forum selection clauses and the Quebec courts jurisdiction.

SUMMARY OF FACTS

The Insurer is headquartered in Montreal. The insurance policy, governed by Quebec law, included a forum selection clause dictating that disputes regarding the policy would be determined before the Quebec courts:

This policy is governed by, and will be interpreted in accordance with Canadian province of Quebec law.

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