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.
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.