Jurisdiction clause agreed by insurer and insured does not bind injured party claiming directly against insurer.

The ECJ has recently decided, on the basis of an interpretation of the EU Brussels I Regulation, that a jurisdiction clause agreed between an insurer and an insured does not bind an injured party claiming directly against the insurer. The decision implies that an injured party may – if the national law applicable grants a right to claim directly against the liability insurer of the liable party – issue proceedings at the place where the damages occurred or where it is domiciled. The case was referred to the ECJ by the Danish Supreme Court.