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· 3/15/2007

Scott Hammersmith v. Tig Insurance Company (w.d. Of Pa. Civil Nos. 02-Cv-01829 & 03-Cv-01333)

Citations

  • 480 F.3d 220
  • 2007 U.S. App. LEXIS 5946
  • 2007 WL 777560

How courts have described this case

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

  • reviewing the trial court’s adjudication of a motion for summary judgment determining insurer liability where the issue turned on timely notification
  • summarizing Pennsylvania’s two-step choice of law framework and noting that, if no conflict exists between the laws of two jurisdictions, courts may refer to both states’ laws interchangeably
  • noting that where there are “no relevant differences between the laws of the two states”—a situation that used to be inaptly referred to as a “false conflict”—a court need not “engage in a choice of law analysis, and may refer to the states’ laws interchangeably”
  • describing the history of Pennsylvania choice of law jurisprudence in contract and tort actions
  • noting, for the purposes of choice-of-law analysis, that New York has an interest in applying its laws to an insurance policy issued in New York to a New York resident, even though neither party in the action was a New York resident
  • “Because the parties only argued the choice-of-law issue with respect to New York and Pennsylvania, we will not consider Texas in our choice-of-law analysis.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rendell, Ambro, Baylson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.