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.

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