Which State Law Applies to My Insurance Claim?

Originally published by Shaun Marker.

As discussed in the first part of this series, sometimes there is a question of which state law will apply to an insurance dispute in litigation. Policyholders could be domiciled in one state; fill out an application for insurance in another state for a property located in another state. This question is called choice of law.

In Quarty v. Ins. Co. of North America,1 the Florida Second District Court of Appeal was looking into the issue of whether Florida law applied. The policyholder had filed suit in Florida against the insurer. The facts are: the insurance carrier had issued the policy in New York insuring the contents of the policyholder’s dwelling in New York; the home was burglarized and personal property was stolen from her home in New York; several months later, the policyholder moved to St. Petersburg, Florida, and became a resident of that city after notifying the insurance carrier; over a year and a half after the burglary, the insurance carrier denied the claim; the…

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