How should a federal court decide whether to enforce a choice-of-law provision? That’s the question at the heart of 'Great Lakes Ins. v. Raiders Retreat Realty', a maritime coverage dispute that will be argued before the Supreme Court. However the court rules, the decision could have wide-ranging implications for insurance disputes—even those on land.
октября 01, 2023 at 12:00 PM
By Jillian Raines and Alex Harris | октября 01, 2023 at 12:00 PM
How should a federal court decide whether to enforce a choice-of-law provision? That’s the question at the heart of Great Lakes Insurance v. Raiders Retreat Realty, a maritime coverage dispute that will be argued before the U.S. Supreme Court in October. See No. 22-500 (U.S. 2023). However the court rules, the decision could have wide-ranging implications for insurance disputes—even those on land.
The dispute arose after a yacht ran aground in 2019 near Fort Lauderdale, Florida. The yacht—although intact—sustained serious damage in the wreck. Its owner, Raiders Retreat Realty (Raiders Retreat), filed a claim for coverage with its insurer, Great Lakes Insurance (Great Lakes), which denied the claim after learning that the boat’s fire extinguishers had not been inspected and recertified. Great Lakes then brought a declaratory-judgment action against Raiders Retreat (a Pennsylvania-based company) in the Eastern District of Pennsylvania.
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