What can we help you find? Enter your search above.
What can we help you find? Enter your search above.
Communicating with Sugarman Rogers through this website does not create an attorney-client relationship with the firm or any of our attorneys. Our decision as to whether and on what terms we may agree to represent a client involves consideration of a variety of factors, discussion with the prospective client, and, where appropriate, a written engagement agreement.
Please do not use this form of communication to transmit any private, personally identifying, or other confidential information. We cannot guarantee the confidentiality or security of this means of communication.
May 12, 2025
In the May 2017 issue of Defense Research Institute’s “For The Defense,” Sugarman Rogers partner John O’Neill discusses the important choice-of-law questions that often arise in insurance bad-faith lawsuits. Conflicts exist between states, John observes, on such potentially dispositive issues as whether a third-party claimant may sue an insurer for bad faith, what conduct by an insurer will permit recovery, and what damages may be awarded. Courts often seek to resolve these conflicts by, first, deciding whether to look to the choice-of-law principles for tort or contract cases, but the answer to this question can be unpredictable. The majority of jurisdictions then follow the approach of the ALI Restatement on conflicts, which involves consideration of various “contacts” with the competing jurisdictions and of policy implications. John offers a thorough analysis of cases resolving conflicts issues in the bad-faith context, and gives practical advice for insurers and their counsel on dealing with this important subject.
Read the full article here: Choice of Law in Bad Faith Claims
|
|
John O’Neill writes on choice-of-law questions in insurance bad-faith litigation |
Date: May 12, 2025 |
Publication |
John G. O'Neill |
Related Services: Insurance & Reinsurance |
||
|
In the May 2017 issue of Defense Research Institute’s “For The Defense,” Sugarman Rogers partner John O’Neill discusses the important choice-of-law questions that often arise in insurance bad-faith lawsuits. Conflicts exist between states, John observes, on such potentially dispositive issues as whether a third-party claimant may sue an insurer for bad faith, what conduct by an insurer will permit recovery, and what damages may be awarded. Courts often seek to resolve these conflicts by, first, deciding whether to look to the choice-of-law principles for tort or contract cases, but the answer to this question can be unpredictable. The majority of jurisdictions then follow the approach of the ALI Restatement on conflicts, which involves consideration of various “contacts” with the competing jurisdictions and of policy implications. John offers a thorough analysis of cases resolving conflicts issues in the bad-faith context, and gives practical advice for insurers and their counsel on dealing with this important subject. Read the full article here: Choice of Law in Bad Faith Claims |
Related People |
|||
John G. O'NeillPartner617.227.3030[email protected] |
|||