Civil Litigation
Jul. 18, 2014
Forum-shopping insurance companies' latest tricks
Insurance company collateral estoppel arguments in a choice-of-law context should be rejected. By Steven E. Knott
Decades ago, insurance companies tried to persuade trial courts in California to apply the law of some other state to multi-party environmental and asbestos insurance coverage disputes because the insurance companies believed that the other state's substantive law could lead to a more favorable outcome. The policyholders would oppose such maneuvers, and the trial courts typically decided in such cases to apply California law. Such challenges to forum law by insurers took place in many juri...
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