Two recent court cases, a continent apart, may be the beginning of a trend on choice-of-law analysis. (Photo: Shutterstock)
Recently, California and Delaware courts have applied choice-of-law analyses to coverage disputes seemingly to avoid denials of coverage. In Pitzer College v. Indian Harbor Ins. Co., the California Supreme Court held a choice-of-law provision was potentially unenforceable because it violated "fundamental public policy." In Pfizer Inc. v. Arch Ins. Co. the Delaware Superior Court held Delaware law applied to insurance contracts that did not contain choice-of-law provisions, even though New York law arguably applied.
Want to continue reading?
Become a Free PropertyCasualty360 Digital Reader
Your access to unlimited PropertyCasualty360 content isn’t changing.
Once you are an ALM digital member, you’ll receive:
- Breaking insurance news and analysis, on-site and via our newsletters and custom alerts
- Weekly Insurance Speak podcast featuring exclusive interviews with industry leaders
- Educational webcasts, white papers, and ebooks from industry thought leaders
- Critical converage of the employee benefits and financial advisory markets on our other ALM sites, BenefitsPRO and ThinkAdvisor
Already have an account? Sign In Now
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
