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In re Union Elec. Co.

United States Court of Appeals, Eighth Circuit

May 29, 2015

In re: Union Electric Company, doing business as Ameren UE, Petitioner; Energy Insurance Mutual Limited, Respondent

Submitted January 12, 2015.

Appeal from United States District Court for the Eastern District of Missouri - St. Louis .

For In re: Union Electric Company, doing business as: Ameren UE, Petitioner: Susan E. Bindler, Robert T. Haar, Lisa Ann Pake, Haar & Woods, Saint Louis, MO.

For Energy Insurance Mutual Limited, Respondent: Lisa S. Brogan, Michael A. Pollard, Baker & Mckenzie, Chicago, IL; Alan K. Goldstein, Goldstein & Price, Saint Louis, MO; David Zaslowsky, Baker & Mckenie, New York, NY.

Before SMITH, MELLOY, and BENTON, Circuit Judges.

OPINION

Page 904

MELLOY, Circuit Judge.

Energy Insurance Mutual Limited (" EIM" ) moved to transfer the present dispute over insurance coverage to the United States District Court for the Southern District of New York, citing a contractual forum-selection clause and 28 U.S.C. § 1404(a). The district court[1] granted the motion. Union Electric then filed a petition with our Court seeking a writ of prohibition or mandamus to prevent the transfer. Because Union Electric has not satisfied the burden of showing an entitlement to this extraordinary form of relief, we deny the petition.

I.

We set forth the early history of this case and the underlying facts in a prior opinion. Union Elec. Co. v. Energy Ins. Mut. Ltd., 689 F.3d 968, 969-70 (8th Cir. 2012). We recap those facts here and describe additional developments.

Union Electric is a power company, and EIM is a trade-association-owned excess carrier for power companies. Union Electric, as a member of the trade association, is a partial owner of EIM. Union Electric is also the named insured in a $100 million excess liability policy issued by EIM.

It is undisputed that Union Electric and other similarly situated power companies drafted the general form policy upon which the present policy is based. It also is undisputed that Union Electric negotiated the specific terms of the present policy with EIM. Suffice it to say, we view Union Electric and EIM as sophisticated parties regarding the acts of drafting, negotiating,

Page 905

and entering into the present ...


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