Ronald Borden v. The Paul Revere Life Insurance Company, Ronald Borden v. The Paul Revere Life Insurance Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, in diversity jurisdiction, court may accept parties' plausible agreement as to which state's law applies
• holding that “a federal court sitting in diversity is free, if it chooses, to forgo independent analysis and accept the parties’ agreement” as to what law controls
• holding that a federal court sitting in diversity is free to accept the parties' agreement about what law governs their claims and may, therefore, forego an independent choice of law analysis
• explaining that courts may eschew independent choice-of- law analysis and accept parties' reasonable agreement about which state's law governs
• noting that the general rule is that “when an insurer ventures to rescind a policy on the basis of a material misrepresentation in the application, it must first tender to the insured the premiums paid under the policy”
• finding material misrepresentations as to medical history on the first application warranted rescission of the first policy and the replacement policy

Source: CourtListener parenthetical corpus (CC0).