Conflict of Laws

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A recent insurance contract case came down to the step of determining which state law applied.1 While it is a liability contract case, the issue is the same and a very important one that is not often discussed. Property insurance adjusters often overlook what state law applies when interpreting insurance contracts and generally use the state law where the loss happens. While this is often the case, different state laws may apply in more complex commercial and surplus written policies.
Continue Reading Are You Interpreting An Insurance Contract? The first step is to determine which state law applies so you know what interpretation rules to use—Tuesday @2 With Chip Merlin will Discuss this Often Overlooked Step

Earlier this month, the Ninth Circuit Court of Appeals asked the Washington State Supreme Court to resolve a conflict between two Washington state insurance law principles, namely, the conflict between (1) the rule that an insurance company is bound by representations made by its authorized agents, and (2) the rule that certificates of insurance cannot affect insurance coverage, at least not when the certificate states that it does not change the terms of the underlying insurance policy.
Continue Reading State Supreme Court asked to Resolve Conflicting State Insurance Laws – T-Mobile USA v. Selective Insurance: Take Two