In a recent case, a Federal Judge applied the Florida choice of law rules for interpreting contract provisions. Quoting the Florida State Courts, the Federal Judge wrote that "[t]he rule as applied to insurance contracts 'provides that the law of the jurisdiction where the contract was executed governs the rights and liabilities of the parties in determining an issue of insurance coverage.'" Download State Farm Mutual Auto. Insurance Co. v. Duckworth (M.D. Fla. Opinion Signed October 4, 2009; Filed October 5, 2009), attached Official Slipsheet Opinion at 13.
The Federal Judge in that case also examined the following three (3) requirements, she wrote, of a narrow exception based on Florida public policy:
1. A Florida citizen in need of protection;
2. A "paramount public policy"; and,
3. In the "context of insurance contracts ... the insurer must be on reasonable notice that the insured is a Florida citizen".
Download State Farm Mutual Auto. Insurance Co. v. Duckworth (M.D. Fla. Opinion Signed October 4, 2009; Filed October 5, 2009), at 14. The Federal Judge determined that the "narrow exception" did not apply, the Florida choice of laws rule for insurance coverage interpretation applied, and that the law of the place where the contract was made was the law of Maryland in that case. Download State Farm Mutual Auto. Insurance Co. v. Duckworth (M.D. Fla. Opinion Signed October 4, 2009; Filed October 5, 2009), at 15. Accordingly, the Federal Court granted the Defendant's Motion for Summary Judgment as a matter of law.
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