TITAN INDEMNITY COMPANY, UNITED STATES FIDELITY AND GUARANTY COMPANY AND ST. PAUL FIRE AND MARINE INSURANCE COMPANY v. CARROLL V. HOOD, HICO, INC. AND OLD SOUTH INSURANCE GROUP, INC., 895 So. 2d 138

Summary

The main basis of the insurers' appeal was that the trial court lacked jurisdiction to render a judgment in the matter, as the parties, in their contracts, designated the courts of Bexar County, Texas, with exclusive personal jurisdiction and venue of the issues litigated by the parties. The trial court denied the insurers' motion to dismiss for lack of jurisdiction and improper venue. In response to the insurers' appeal, the insurance agencies claimed that the forum selection clause in the contract with the insurers was unenforceable. The appellate court agreed the Texas courts had jurisdiction over the matter and reversed the trial court's judgment. In reversing, the appellate court noted that forum selection clauses were presumed valid unless the clause was incorporated into the contract through fraud, undue influence or overweening bargaining power, the forum was so difficult that it would effectively deny the agencies their day in court, or the enforcement of the cause would ...