قالب وردپرس درنا توس
Home / Insurance / Choice of Law in Florida Property Insurance Disputes | Real Estate Insurance Coverage Blog

Choice of Law in Florida Property Insurance Disputes | Real Estate Insurance Coverage Blog



Choice of law is a problem that can arise in a property insurance dispute. The law may differ from jurisdiction to jurisdiction. When faced with this question, the first step is to read the entire policy .

Some policies include a choice of statutory provision that will address which state law applies. If there is no choice of law provision, you need to look at the law of the specific state.

For contract disputes, Florida follows the "lex loci contractus" doctrine, which prescribes the law of the place where the contract was entered into unless public order requires claims of Florida's greatest interest in protecting its citizens from unequal insurance contracts. 1

I State Farm Mut. v. Roach 2 The Florida Supreme Court dismissed the most significant relationship test in favor of security in the lex loci contractus rule on insurance contract disputes. To be eligible for the general policy exemption from Florida's choice of law, there must be a Florida citizen who needs protection, an important Florida policy, and the insurer must have a reasonable notice that the insured is a Florida citizen. 3

Where the lex loci contractus rule of insurance contract applies, the Florida courts see the law of the state where the contract was performed. 4 The determination of where a contract was performed is fact-intensive and requires a determination of where the last act required to complete the contract was made. 5 Among the many possible places to think about, this may be the place where: [19659008] An insurance application was completed by the insured, 6

  • where the binder confirming coverage was delivered to the insured's representative from the insurer , 7
  • where a binder in the form of an offer was accepted by in sured, 8 or
  • where the insurances were handed over to the insurer. 9
  • Both policyholders and insurance companies will argue for the application of state law which they consider to be most favorable to their place. Sometimes the difference between two jurisdictional laws is dispositive in insurance disputes, so the choice of legal issues should be carefully considered in a property insurance claim.
    ____________________________________________
    1 Lincoln Nat. Health Ins. v. Mitsubishi 666 So.2d 159, 161 (Fla. App. 1995); Sturiano v. Brooks 523 So. 2d 1126, 1129-1130 (Fla. 1988); State Farm Mut. Car. Ins. v. Reis 926 So.2d 415, 422-423 (Fla.1st DCA. 2006).
    2 State Farm Mut. v. Roach 945 So.2d 1160, 1165 (Fla. 2006).
    3 Id.
    4 Id.
    5 ] National Trust Ins. Co. v. Graham Bros. Const. Co., Inc. 916 F. Supp. 2d 1244 (M.D. Fla. 2013) (applies Florida law); AIG Premier Ins. Co. v. RLI Ins. Co. 812 F. Supp. 2d 1315 (M.D. Fla. 2011) (applies Florida law).
    6 American United Life Ins. Co. v. Martinez 480 F.3d 1043 (11th Cir. 2007) (applies Florida law).
    7 Sun Capital Partners, Inc. v Twin City Fire Ins. Co., Inc. 2015 WL 4648617 (S.D. Fla. 2015) (applies Florida law).
    8 Pierce v. Property & Casualty Ins. Co. of Hartford 303 F. Supp. 3d 1302 (M.D. Fla. 2017) (applies Florida law).
    9 National Trust Ins. Co. v. Graham Bros. Const. Co. Inc., 916 F. Supp. 2d 1244 (M.D. Fla. 2013) (applies Florida law).


    Source link