No matter how the court rules, its decision in Great Lakes will have obvious consequences, the least of which is for parties to marine insurance contracts. A federal standard holding maritime choice-of-law provisions nearly always enforceable will mean insurers will have an easier time protecting themselves with favorable (or more developed) state law. Credit: Andy Konieczny/Adobe Stock
How should a federal court decide whether to enforce a choice-of-law provision? That's the question at the heart of Great Lakes Insurance v. Raiders Retreat Realty, a maritime coverage dispute that will be argued before the U.S. Supreme Court in October.
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