For purposes of determining contract interpretation, Florida
courts apply the
lex loci contractus choice-of-law rule.
The Supreme Court of Florida observed that
lex loci
contractus is an inflexible rule that exists to ensure stability in contract arrangements. Under
lex loci contractus, a contract (other than one for the
performance of services) is governed by the law of the state in
which the contract is made, i.e., where the last act necessary to
complete the contract is done. But what s the last
act? That s a good question to which the courts have
failed to provide a clear answer.
According to the Eleventh Circuit Court of Appeals, the
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In one of the first decisions in the country with respect to
insurers obligations to their insureds for COVID-19 claims in
the context of commercial liability coverage, one court has found a
duty to defend under a commercial general liability (CGL) policy.
In
McDonald s Corp., et al. v. Austin Mutual Insurance
Company, 1:20-cv-05057, the federal district
court held that a claim for injunctive relief requiring
McDonald s to enact more stringent safety protocols and provide
additional training to franchisees and their employees on
preventative measures to avoid the spread of COVID-19, constituted
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By now, most of you know that due to the COVID-19 pandemic and
the shift to remote work, data security incidents increased both in
number and severity in 2020 and show no signs of slowing down in
2021. A report conducted by the cybersecurity company,
Deep Instinct, shows triple-digit increases across all malware
types in 2020, including a 435% increase in ransomware attacks
alone. The expenses associated with increased cybercrime are
similarly skyrocketing, costing companies and insurers billions of
dollars.
What you may not know, however, is what to do when your business
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Purchasing insurance is often expensive, time consuming, and
confusing. However, today is the right time to make sure you have
the proper insurance coverage in place and to confirm that your
insurance company has the financial strength to handle the claims
process. That way you can rest comfortably knowing that you will be
in the right position to navigate an insurance claim with your
insurance company should the need arise.
For starters, condominium associations should be familiar with
Fla. Stat. 718.111(11)(f). This will help condominium associations
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The Delaware Supreme Court unanimously affirmed a trial court
judgment requiring a directors and officers (D&O) excess
insurer to pay a claim for losses predicated on fraudulent conduct
of the director and CEO of a corporation, holding that such losses
are insurable under Delaware law and coverage is not barred by
Delaware public policy.
The Court also held that Delaware law applied to the insurance
policy in the case, stating that a choice of law analysis for a
D&O policy will most often reveal that a corporation s