Colony Insurance Co. v. Adsil, Inc.

Court: SD Tx1st Cir  06/10/2018  District Court Analyzes Parties' Contractual Choice of Law Provision, Applies Florida Law, Denies Summary Judgment to Insurer Pursuing Defense Costs from Tortfeasor

Court finds that the parties' contractual choice of law provision selecting Florida law could not be overcome, but insurer failed to show that contracting party's negligence was the cause of the underlying litigation warranting reimbursement of defense costs paid by the insurer for its insured.

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substantial relationshipfundamental policyduty to defendchoice of lawliability insurance policyreimbursementwaivercontractual indemnityparty autonomy rulecontractual choice of lawRestatement of Conflicts 187

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