The Role of Emails in Insurance Choice-Of-Law Analysis

One of the first steps attorneys should take when evaluating a property insurance dispute is to perform a choice-of-law analysis. This analysis will be factually specific and will sometimes require a detailed review of underwriting correspondence among the insured, the insurer and any brokers or other parties involved.

October 11, 2012

Law360, New York (October 11, 2012, 1:43 PM ET) -- Not all property insurance policies include choice-of-law provisions, and the selection of state law can determine coverage. This article examines how different choice-of-law analyses may apply, taking into consideration how policies may be formed by entities in different states, often through electronic communication. 

Regardless of which test applies, the place of formation of the contract may be significant. Of course, any analysis should begin with the language of the policy: some policies contain choice-of-law provisions, while in other policies, a merger clause or a countersignature provision may determine the place of contracting.

All Content © 2003-2012, Portfolio Media, Inc.

The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.

Disclaimer

Related Publications

Winter 2020
Embracing the New Normal: Tips for Remote Depositions
Erica Ramsey - The Robins Kaplan Insurance Insight: Winter 2020
Winter 2020
The Import of Authentic Leadership – Especially In Times of Crisis
Melissa M. D’Alelio - The Robins Kaplan Insurance Insight: Winter 2020
Winter 2020
Will NFL Sports Weather the COVID-19 Crisis? An Analysis of Event Cancellation Insurance
Lauren Birkenstock - The Robins Kaplan Insurance Insight: Winter 2020
August 24, 2020
Spring 2020
What if One of Us Did Start the Fire?
Michele Detherage - The Robins Kaplan Insurance Insight: Spring 2020
Back to Top