KINDER MORGAN ENERGY PARTNERS, L.P. v. ACE AMERICAN INSURANCE COMPANY


55 A.D.3d 482 (2008)

866 N.Y.S.2d 191

KINDER MORGAN ENERGY PARTNERS, L.P., et al., Respondents, v. ACE AMERICAN INSURANCE COMPANY, Appellant.

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

October 30, 2008.


Plaintiffs seek a declaration of rights under insurance policies issued by defendant in connection with coverage for a pipeline explosion in California. In determining whether to dismiss an action on the ground of forum non conveniens, "[a]mong the factors to be considered are the burden on the New York courts, the potential hardship to the defendant, and the unavailability of an alternative forum in which plaintiff may bring suit. The court may also consider that both parties...

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