Whirlpool Corp. v. Certain Underwriters at Lloyd's London

There is nothing unusual about litigants jockeying for position. Sometimes position matters, sometimes it does not. Here, for four years the litigants have waged a fierce battle over which forum will host their pollution insurance coverage dispute. Here, apparently, position matters. We affirm the trial judge’s dismissal of the lawsuit on forum non conveniens grounds.

FACTS

In the early 1970s, Whirlpool, a Delaware corporation with its business headquarters in Michigan, sought excess insurance coverage on the “London Market.” It contacted Bowes & Company (Bowes), an independent Illinois broker,…