COLUMBIA CAS v. BRISTOL-MYERS


215 A.D.2d 91 (1995)

635 N.Y.S.2d 173

Columbia Casualty Company et al., Appellants, v. Bristol-Myers Squibb Company et al., Respondents, and Aetna Casualty & Surety Company et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 26, 1995


Attorney(s) appearing for the Case

Lawrence C. Drucker of counsel (Richard C. Yeskoo on the brief; Fabricant, Yeskoo & Colangelo, P. C., attorneys), for First State Insurance Company and others, appellants.

Stephen Sonderby of counsel (Michele T. Oshman on the brief; Haskell & Perrin, and Holtzmann, Wise & Shepard, attorneys), for Gibraltar Casualty Company, appellant.

Robert Novack of counsel (Joseph J. Schiavone, Thomas M. Laudise and Elda Beylerian on the brief; Budd Larner Gross Rosenbaum Greenberg & Sade, P. C., attorneys), for North Star Reinsurance Company, appellant.

Andrew T. Berry of counsel (Gita F. Rothschild and Anthony J. Del Piano on the brief; McCarter & English, attorneys), for Bristol-Myers Squibb Company and others, respondents.

Andrew J. Perel of counsel (Sheryl B. Galler and Theodore A. Howard on the brief; Rosenman & Colin, and Hopkins & Sutter, attorneys), for Employers Commercial Union Insurance Company, appellant.

Gregory Hopp of counsel (Blatt Hammesfahr & Eaton, attorneys), for Admiral Insurance Company and others, appellants. (One brief filed.)

SULLIVAN, J. P., ROSENBERGER and WILLIAMS, JJ., concur.


TOM, J.

On this appeal, we are called upon to reconsider our holding in Rokeby-Johnson v Kentucky Agric. Energy Corp. (108 A.D.2d 336) in light of subsequent Federal and State court decisions which have called into question Rokeby-Johnson's ruling that a provision commonly used in insurance policies constituted a mandatory "forum selection clause" in favor of...

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