U.S. District Court Keeps Mold Coverage Dispute Case in Pa.; Rules 'Jurisdiction & Suit' Provision Does Not Hold Sway

PHILADELPHIA - The U.S. District Court for the Eastern District of Pennsylvania ruled that it will retain jurisdiction of a mold coverage dispute between the owner of a fire-damaged apartment building and the owner's commercial property insurance provider after the owner sought to have the case returned to the California Superior Court where it was originally filed. Allianz Insurance Co. v. SSR Realty Advisors, Inc., and Westtown Apartments, Inc., and Does 1-25, No. 02-7253 (E.D. Pa.).

In the June 5 Order and Memorandum, the court also denied the insurer's motions to dismiss the owner's counterclaims concerning breach of insurance contract, …