The Battle Before the Battle: Selection of Essential Armaments (Governing Law) and Battleground (Forum) in Insurance Coverage Disputes
American Bar Association - Defending Liberty, Pursuing Justice ABA
View Cart & Check Out
ABA Web Store
...the source you trust for practical legal information.

Members of the Tort Trial and Insurance Practice Section receive a discount on this book. Join the Section or visit the Tort Trial and Insurance Practice Section website to learn more about the valuable resources included with your membership.

Tort Trial and Insurance Practice Section

Sign In

View Cart & Check Out

Track Orders

Shipping Rates


Administrative Law

Admiralty Law

Antitrust Law

Appellate Advocacy

Banking Law

Bankruptcy Law

Bar Admissions

Bar Associations



Business Law

Career Development

Children and the Law

Civil Practice & Procedure

Commercial Law

Communications & Media Law

Constitutional Law

Construction Law

Consumer Law

Corporate Law


Criminal Law

Disability Law

Dispute Resolution

E-Commerce & Cyberspace Law

Education Law

Elder Law

Employee Benefits

Energy & Natural Resources Law

Entertainment & Sports Law

Environmental Law

Estate Planning

Ethics & Professional Responsibility

Ethics Opinions


Family Law

Financial Management

Franchise Law

General Practice

Government Law

Health Law

Human Rights Law

Immigration Law

Insurance Law

Intellectual Property Law

International Law

Labor & Employment Law

Land Use Law

Law Day

Law Practice Management

Law School, Law Students

Lawyer Assistance Programs

Lawyers' Professional Liability

Legal Aid/Public Defender

Legal Education

Legal Research & Writing

Legal Services

Legal Technology


Management / Organizational Skills


Mergers & Acquisitions

National Security Law

Nonprofit Law

Paralegals & Legal Assistants

Partnerships & Unincorporated Entities

Personal Injury Law

Pro Bono

Products Liability

Public Contract Law

Public Education

Racial & Ethnic Diversity

Real Estate Law


Science & Engineering Law

Securities Law

Solos and Small Firms


Technology Law

Tort Law

Transportation Law

Trial Advocacy

Women in Law

Zoning Law

Advanced Search
Site Map

The Battle Before the Battle: Selection of Essential Armaments (Governing Law) and Battleground (Forum) in Insurance Coverage Disputes

The Battle Before the Battle: Selection of Essential Armaments (Governing Law) and Battleground (Forum) in Insurance Coverage Disputes
Product Code: 5190412
Author: Roberta D. Anderson
Publication Date: February 2007
Page Count: 35
Sponsoring Entities: Tort Trial and Insurance Practice Section
Topics: Insurance Law, Tort Law
Format: PDF - 5190412
Pricing: $25.00 (Regular)
About the Product

Course / Program Material
2007 TIPS 15th Annual Insurance Coverage Litigation Committee Program - Tucson AZ

Roberta reminds us that insurance coverage law varies greatly from state to state -- and this is the reason why the performance of a thorough and thoughtful choice of law analysis is critical before a declaratory judgment is even contemplated. Her paper opens with several examples of how the determination of which law applies determines the coverage dispute -- for example, coverage disputes that concern "trigger of coverage", interpretation of the absolute pollution exclusion, and the insurability of punitive damages can be outcome determinative depending on the jurisdiction. Roberta next identifies two battlefield/armament limitations found in the so-called "Bermuda-form" policies that seek to drastically curtail policyholder's rights to litigate coverage disputes in court (as compared to arbitration) and to mandate that the policy be interpreted under the laws of New York, even if the policy has no relationship with the State of New York. Some state statutes render arbitration clauses in policies invalid, in spite of the Federal Arbitration Act, and Roberta explains why.

Finally, Roberta identifies key considerations as a policy holder in deciding whether to pursue a declaratory judgment action in state or federal court and the problems with litigating coverage disputes against the Underwriters of Lloyd's in federal courts.

Accessing Your Download after Purchase

Immediately after checkout, the download file(s) will be available in Your Downloads (accessible in the left navigation area of the Web Store when logged in).