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Conflict of Laws And Insurance Disputes: Choice of Law or Choice of Outcomes?

Most insurance policies are silent as to which state's substantive law governs their terms. As a result, insurance-coverage lawyers often find ourselves wading deep into the world of choice of law and conflict of laws. Conflicts issues are (largely) untethered from the merits of a case, yet can be outcome determinative; so it is crucial to understand and focus on choice-of-law principles in com-plex insurance disputes, as they can yield the application of different state laws within a single case to issues of contract formation, performance, and bad faith.

29 minute read September 29, 2006 at 12:10 AM
By
Marc S. Mayerson
Conflict of Laws And Insurance Disputes: Choice of Law or Choice of Outcomes?

Most insurance policies are silent as to which state's substantive law governs their terms. As a result, insurance-coverage lawyers often find ourselves wading deep into the world of choice of law and conflict of laws.

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