In Re AIU Insurance Co.

in which Justice HECHT, Justice SMITH, Justice WAINWRIGHT and Justice BRISTER joined.

The trial court denied a motion to enforce a contractual provision under which the parties agreed that all dispute resolution proceedings, including litigation, would take place in the State of New York. Because the facts are undisputed and the trial court clearly abused its discretion, we conditionally grant a writ of mandamus directing the trial court to dismiss this case.

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Louis Dreyfus Corporation obtained $70 million of pollution bability coverage for itself and its subsidiaries from AIU Insurance…