choice-of-law clause in Florida

2004Kinney, 674 So.2d at 87 .

2004Kinney, 674 So.2d at 87 .

1999Id. cmt. e; see also Discussion of the Restatement of the Law, Second, Conflict of Laws, 65 A.L.I.

1991In Bishop v. Florida Specialty Paint Co., 389 So.2d 999 (Fla. 1980), the court abandoned the rigid lex loci delictus test and adopted in its place the "significant relationships test" of sections 145-146, Restatement (Second) of Conflict of Laws.

1997"The next step in choice of law analysis is to determine the forum's choice of law rule." Aetna Cas. & Sur., 587 So.2d at 485 .

1992Huntington Nat'l Bank, 587 So.2d at 485 (citing section 145(1), Restatement (Second) of Conflict of Laws).

1994CMI, 395 So.2d at 513 .

1982The choice of law rule unique to usury cases is that foreign law will be applied "if the foreign jurisdiction has a normal relation to the transaction and would also favor the agreement." Continental Mortgage Investors v. SailBoat Key, Inc., 395 So.2d 507 (Fla. 1981).

2025Id. at 82 . 1 The Florida Supreme Court affirmed the analysis of section 768.79 as substantive for conflict of law purposes in Diamond Aircraft Industries, Inc. v. Horowitch, 107 So. 3d 362 , 371–72 (Fla. 2013) (holding that section 768.79 is substantive for both constitutional and conflict of law purposes). 2 Although Southeast did not expressly address whether section 768.79 applies to cases where the choice of substantive law is determined under lex loci contractus rather than an agreed contractual choice-of-law provision, at least one Florida court has interpreted Southeast to apply under

2025Id. at 82 . 1 The Florida Supreme Court affirmed the analysis of section 768.79 as substantive for conflict of law purposes in Diamond Aircraft Industries, Inc. v. Horowitch, 107 So. 3d 362 , 371–72 (Fla. 2013) (holding that section 768.79 is substantive for both constitutional and conflict of law purposes). 2 Although Southeast did not expressly address whether section 768.79 applies to cases where the choice of substantive law is determined under lex loci contractus rather than an agreed contractual choice-of-law provision, at least one Florida court has interpreted Southeast to apply under

2017The public policy exception to enforcement of a choice of law clause applies "only when New York's nexus with the case is substantial enough to threaten our public policy.” Cooney, 595 N.Y.S.2d 919 , 612 N.E.2d at 284 .

2017The public policy exception to enforcement of a choice of law clause applies "only when New York's nexus with the case is substantial enough to threaten our public policy.” Cooney, 595 N.Y.S.2d 919 , 612 N.E.2d at 284 .

2017Corp., 825 N.Y.S.2d 692 , 859 N.E.2d at 500 . 7 In addressing that issue, courts have looked to the location of the following factors: the parties’- negotiation of the agreement; performance under the agreement, including where loan- payments were received; the parties’ places of incorporation; the parties’ principal places of business; and the property that is the subject of the transaction.

2017Corp., 825 N.Y.S.2d 692 , 859 N.E.2d at 500 . 7 In addressing that issue, courts have looked to the location of the following factors: the parties’- negotiation of the agreement; performance under the agreement, including where loan- payments were received; the parties’ places of incorporation; the parties’ principal places of business; and the property that is the subject of the transaction.

2012The seminal and only Florida case that discusses the applicable choice of law principle in bad faith actions is Grounds, 332 So.2d 13 .

2003Id. at 310 , 90 S.Ct. 1731 .

2003Id. at 310 , 90 S.Ct. 1731 .

2001Beattey v. College Centre, 613 So.2d 52 (Fla. 4th DCA 1992).

1991Further, the choice of law doctrine presumes that, "where a party seeking to rely upon foreign law fails to demonstrate that the foreign law is different from the law in Florida, the law is the same as Florida." Gustafson v. Jensen, 515 So.2d 1298 (Fla. 3d DCA 1987).

1989Seng v. Corns, 58 So.2d 686, 687 (Fla. 1952); Lieberman v. Silverstein, 393 So.2d 565 , 566 n. 2 (Fla. 3d DCA 1981). [1] Section 655.55, Florida Statutes (Supp. 1988), codifies this choice of law rule as to bank accounts located in Florida: "The law of this state ... shall govern all aspects, including without limitation the validity and effect, of any deposit account in a branch or office in this state of a financial institution ... regardless of the citizenship, residence, location, or domicile of any other party to the contract or agreement governing such deposit account, and regardless of

1985Department of Motor Vehicles v. Mercedes-Benz of North America, Inc., 408 So.2d 627 (Fla. 2d DCA 1981); Hirsch v. Hirsch, 309 So.2d 47 (Fla. 3d DCA 1975).

1985Department of Motor Vehicles v. Mercedes-Benz of North America, Inc., 408 So.2d 627 (Fla. 2d DCA 1981); Hirsch v. Hirsch, 309 So.2d 47 (Fla. 3d DCA 1975).

1983In Aetna Casualty & Surety Co. v. Enright, 258 So.2d 472 (Fla. 3d DCA 1972), a contract issued in New York to a New York resident contained a clause objectionable to the public policy of Florida.

1983In regard to insurance contracts, the choice of law rule generally accepted in Florida is that a contract of insurance is governed by the law of the state where the contract was finally consummated, unless public policy requires the assertion of Florida's paramount interest in protecting its citizens from inequitable insurance arrangements. [1] Florida courts often apply foreign law to resolve disputes arising out of the interpretation of foreign insurance contracts. [2] In State-Wide Insurance Co. v. Flaks, 233 So.2d 400 (Fla. 3d DCA 1970), cert. dismissed, 238 So.2d 427 (Fla. 1970), the appe

1983In regard to insurance contracts, the choice of law rule generally accepted in Florida is that a contract of insurance is governed by the law of the state where the contract was finally consummated, unless public policy requires the assertion of Florida's paramount interest in protecting its citizens from inequitable insurance arrangements. [1] Florida courts often apply foreign law to resolve disputes arising out of the interpretation of foreign insurance contracts. [2] In State-Wide Insurance Co. v. Flaks, 233 So.2d 400 (Fla. 3d DCA 1970), cert. dismissed, 238 So.2d 427 (Fla. 1970), the appe