PICC seeks dropping of injury suit caused by burst ball

Firms battling for home court advantage over exploding ball case, with the insurer seeking trial in its home market

PICC seeks dropping of injury suit caused by burst ball

Insurance News

By Gabriel Olano

The People’s Insurance Co. of China (PICC) asked a US court on Friday to drop a suit filed against it by one of its clients seeking liability insurance coverage for personal injury claims caused by an exploded exercise ball.
PICC has requested a Pennsylvania federal court dismiss the lawsuit filed by Dick’s Sporting Goods Inc. in October 2016, which demanded that the insurer pay for the expenses stemming from a lawsuit filed against Dick’s by a customer that got injured when the exercise ball he was using burst.
Dick’s insisted that the injury suffered by the plaintiff Donald Royce is covered by the defence and indemnity obligations in its insurance policy from PICC, which was active from November 2012 to October 2013.

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However, PICC countered that the policy it issued to Dick’s clearly states that any lawsuit resulting from it should be tried in a Chinese court. As such, the Pennsylvania court has no jurisdiction over the case and, therefore, it should be dismissed.

Due to vastly different laws between the US and China, the outcome of the lawsuit could be very much dependent on where it is tried, hence the fierce battle for home court advantage between the two firms based continents away.

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