Choice of law in New Jersey in multisite, multistate environmental insurance coverage cases
作者:
PaulR. Koepff,
CarlR. Schenker,
期刊:
Environmental Claims Journal
(Taylor Available online 1997)
卷期:
Volume 9,
issue 4
页码: 77-97
ISSN:1040-6026
年代: 1997
DOI:10.1080/10406029709383888
出版商: Taylor & Francis Group
数据来源: Taylor
摘要:
New Jersey courts are home to large numbers of multisite, multistate environmental insurance coverage cases. On June 4, 1997, the New Jersey Supreme Court granted leave to appeal choice‐of‐law issues in several such cases. While many observers had believed that the law of each polluted jurisdiction would be applied on a site‐by‐site basis in such cases, two New Jersey trial judges have now ruled instead that the law of a single jurisdiction should apply to all sites in these cases. Seeking to apply the law of a single jurisdiction is a sound approach, consistent with decisions in many other jurisdictions and generally superior to the law‐of‐the‐site approach. However, emergence of the single‐jurisdiction approach requires that New Jersey courts develop sound and consistent approaches in identifying the single jurisdiction having the most dominant and significant contacts with the case. Very frequently, proper analysis will demand application of the law of New York or another jurisdiction outside New Jersey. New Jersey courts must avoid straining to apply New Jersey law to the claims of out‐of‐state companies that bought their policies elsewhere.
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