· 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 CourtListenerSourced 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.