Choice of Law Issues in Eleventh Circuit Insurance Cases Arising from Lex Loci Contractus

Authors

Tom Schulte, Hunton Andrews Kurth LLP
Andrea DeField, Hunton Andrews Kurth LLP
Jorge Aviles, Hunton Andrews Kurth LLP

Abstract

A growing number of cases have emerged from the Eleventh Circuit struggling with the application of lex loci contractus to choice-of-law issues in the insurance context. And while the federal courts continue to struggle, the state courts in the Eleventh Circuit have not yet offered definitive guidance on when to apply lex loci contractus, and when to depart from it. In light of this choice-of-law issue, which can be and often is outcome determinative, this Article offers practical guidance on how policyholders can avoid application of an unfavorable state’s law to their insurance dispute, both before and after litigation commences.

Recommended Citation

Tom Schulte, Andrea DeField, and Jorge Aviles, Choice of Law Issues in Eleventh Circuit Insurance Cases Arising from Lex Loci Contractus, 78 U. Mia. L. Rev. 1084 (2024)
Available at: https://repository.law.miami.edu/umlr/vol78/iss4/6