Group Josi Reinsurance Company SA v. Universal General Insurance Company (UGIC)

2000 E.C.R. I-05925 (2000)

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Group Josi Reinsurance Company SA v. Universal General Insurance Company (UGIC)

European Union Court of Justice
2000 E.C.R. I-05925 (2000)

Facts

Universal General Insurance Company (UGIC) (plaintiff) was a Canadian insurance company. Group Josi Reinsurance Company SA (Group Josi) (defendant) was a Belgian reinsurer. UGIC retained a French-based broker, Euromepa, to procure reinsurance coverage. UGIC entered into a reinsurance contract with Group Josi. Group Josi had no offices in France. After a dispute arose over a payment due under the reinsurance contract, UGIC filed suit against Group Josi in France. Group Josi challenged the French court’s jurisdiction, arguing that jurisdiction could only be exercised by the courts in Belgium because Group Josi was domiciled in Belgium. The French court ruled against Group Josi and entered a judgment in favor of UGIC. Group Josi appealed, arguing that the jurisdictional rules of the Brussels Convention of 1968 applied because Belgium, where Group Josi was domiciled, was a member state. UGIC argued that the jurisdictional rules of the Brussels Convention of 1968 did not apply because UGIC was not domiciled in a member state. The intermediate appellate court referred the jurisdictional questions for a preliminary ruling by the European Union Court of Justice.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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