11.02.2009
words
appellee's construction of the conv allows foreign defs to hijack and exploit the american legal system. It allows markel to escape in personam jurisdiction in american courts while it continues to do business in this country and unjustly enrich itself by denying valid claims of american plaintiffs injured by its insured.
Markel wants collins to attempt to serve its summons and complaint on the central authority of canada, to which it will then undoubtedly considering its strategy, claim service is invalid under some canadian law and seek the protection of a canadian court to agree with it. The drafters did not, and could not have intended this because it violates the gov'ts basic duty to preserve the interests of its citizens..
Markel wants collins to attempt to serve its summons and complaint on the central authority of canada, to which it will then undoubtedly considering its strategy, claim service is invalid under some canadian law and seek the protection of a canadian court to agree with it. The drafters did not, and could not have intended this because it violates the gov'ts basic duty to preserve the interests of its citizens..
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