American Safety Casualty Insurance v. Mijares Holding Co.

On motion for rehearing

RAMIREZ, J.

We deny the appellee’s motion for rehearing, but substitute the following opinion for our original opinion.

*1091American Safety Casualty Insurance Company appeals from an order denying its motion to dismiss on the basis of improper venue. We reverse because the two insurance contracts which form the basis of the claims against American contain mandatory and enforceable Georgia forum selection clauses. The trial court erred when applying a limited exception to the well-settled rule under Florida law of enforcing mandatory forum selection clauses.

Appellee Mijares…