SDV Insights

Why Choice of Law Matters

In our newest Case Alert, attorneys Dave Jordan and Phil Brown-Wilusz discuss the importance of choice of law assessment when it comes to insurance coverage litigation.

Just as parties to an insurance contract have varying opinions of the coverage afforded, the courts themselves are often divided on their legal interpretations of policy language. A policy exclusion that is broadly construed in one state may be narrowly applied in another. Choice of law can thus have significant impact on the outcome of a case.

A recent decision reached in Leblanc et al. v. Texas Brine Company LLC illustrates the critical importance of choice of law selection. The case involved the question of whether Louisiana or Texas law applied to the interpretation of an insurance policy’s pollution exclusion.

Click here to read the entire Case Alert. For more information on the state courts’ varying interpretations of the pollution exclusion, stay tuned for SDV’s State-by-State survey on the topic, coming soon.


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