An attorney on a ListServe seemed surprised to learn that some property insurance policies have clauses that can change the forum of litigation. They can also change the law and other requirements based on a state law. Attached is another case in Florida upholding these very anti-consumer provisions.1
Policyholders and public adjusters should always check for provisions in the policy that may impact which state law applies and whether there is an arbitration requirement along with the change of law and venue provisions. Public adjusters should be careful, get legal advice, and not act as a lawyer interpreting and explaining the legal ramifications of these often-complex provisions.
I encourage readers of this blog to again read Choice of Law and Arbitration Provisions in Texas—Beware of These Provisions Which May Apply Laws of Another State, as a warning about how these provisions can trap the unwary.
Thought For The Day
History is a vast early warning system.
1 Mitev v. Cayman First Ins. Co., No. 3D20-1234 (Fla. 3rd DCA Jan 19, 2022).