The Choice-Of-Law Conundrum

Law360, New York (November 17, 2011, 3:01 PM EST) -- The recent decision of the Delaware Superior Court in an insurance coverage case brought by Tyson Foods illustrates the complexity and importance of choice-of-law issues concerning standard of proof which perennially arise in insurance coverage litigation involving lost policies.

In Tyson Foods Inc. v. Allstate Insurance Co., C.A. No. 09C-07-087 MJB (Del. Super. Ct. Aug. 31, 2011), the court rejected the insurer’s argument that the “clear and convincing evidence” standard of proof for a lost policy under Arkansas law governed, and instead adopted the more lenient...
To view the full article, register now.