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                        as a courtesy to the reader. They are not part of the opinion of the court.

111315P.pdf   08/27/2012  Union Electric Company  v.  Energy Insurance Mutual
   U.S. Court of Appeals Case No:  11-1315
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Melloy, Author, with Smith and Benton, Circuit Judges]
   Civil case - Insurance. In action seeking insurance coverage for
   damage caused by a breach of the Taum Sauk upper reservoir, the district
   court correctly determined that the M/S Bremen v. Zapata Off-Shore Co.,
   407 U.S. 1 (1972) provides the standard for evaluating a motion to
   dismiss based on a contractual forum selection clause; however, the
   district court's failure to address Missouri's public policy concerning
   mandatory arbitration provisions in insurance contracts constituted an
   abuse of discretion, and the matter is reversed and remanded with
   directions to the district court to consider in the first instance whether
   Missouri's public policy against enforcement of the mandatory arbitration
   provisions is sufficient to invalidate the forum selection clause under
   Bremen.