March 22, 2017

Supreme Court agrees to answer Ninth Circuit’s choice-of-law questions

Tomorrow, the Supreme Court will answer one Ninth Circuit question.  Today, it agreed to answer another one.  In Pitzer College v. Indian Harbor Insurance Company, the court granted the Ninth Circuit’s request to decide choice-of-law issues that arise in an insurance coverage case.

The court restated the California law issues this way:  (1) Is California’s common law notice-prejudice rule a fundamental public policy for the purpose of choice-of-law analysis?  (2) If the notice-prejudice rule is a fundamental public policy for the purpose of choice-of-law analysis, can the notice-prejudice rule apply to the consent provision in this case?

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