Choice of Law in Insurance Coverage Disputes: Strategies and Perspectives From Policyholder and Insurer Counsel

One of the most significant issues in insurance coverage litigation is the choice of law to be applied. The judicial resolution of many significant coverage issues often differs significantly from state to state. The determination of which state's law applies to the coverage dispute may be one of the most crucial determinations, and understanding how the forum court arrives at an answer on that application can mean the difference between winning and losing for clients.

Courts faced with a conflict of laws that will significantly impact the outcome of a particular case have benefitted from a few doctrinal formulations created to ease deciding these problematic cases. And perhaps none have proved so influential as those put forward in the Restatement of Conflict of Laws.

While one preferred solution to the difficulties posed by conflicts of law is for parties to agree in advance to the law that will govern their insurance agreement, even this can face significant challenges when applied. Besides the reluctance of insurers to make such agreements and the potential risks to insureds inherent in allowing insurers to choose their preferred rules, agreements to be bound by the laws of a particular jurisdiction frequently face even greater hurdles in court.

Listen as our authoritative panel of insurance practitioners provides guidance on choice of law issues and strategies in insurance coverage disputes, including how different jurisdictions approach conflicts of law and the various choice of law tests adopted by the courts, recent and future trends, and strategic and practical considerations for resolving these issues.

1. Overview
2. Choice of law tests
   1. First Restatement
   2. Second Restatement
   3. Other multifactor tests
3. Recent decisions and trends
4. Contractual choice of law clauses
5. Strategic and practical considerations

The panel will review these and other key issues:

• What are the various choice of law tests employed in different jurisdictions?
• What strategic and practical considerations must be taken into account?
• What are the current choice of law doctrines and possible future developments?
• What is the current state of play for choice of law provisions in insurance policies?