17 Fla. L. Weekly Supp. 572a
Online Reference: FLWSUPP 1707HIGGContracts — Insurance — Choice of law — Claims under contract are governed by laws of state in which contract was executed
ANN LOUISE HIGGINS and ANTHONY P. HIGGINS, Plaintiffs, vs. WEST BEND MUTUAL INSURANCE COMPANY, Defendant. Circuit Court, 9th Judicial Circuit in and for Orange County. Case No. 07-CA-7682, Division 35. April 27, 2010. Stan Strickland, Judge. Counsel: Raymond Bodiford. Howard Butler. Matt Danahy. John Weihmuller.
AFFIRMED at 37 Fla. L. Weekly 757a
ORDER ON DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT THAT MINNESOTA LAW GOVERNS THE PLAINTIFFS’ CLAIMS OR, ALTERNATIVELY, FOR ACASE MANAGEMENT ORDER DECIDING WHICH STATE’S LAW APPLIES
THIS CAUSE having come before the Court on Defendant’s Motion for Partial Summary Judgment That Minnesota Law Governs the Plaintiffs’ Claims or, Alternatively, for a Case Management Order Deciding Which State’s Law Applies, and the Court having reviewed the file, having heard the arguments of counsel for the parties, and having been otherwise duly advised in the premises, it is hereby ORDERED and ADJUDGED as follows:
Defendant’s motion is GRANTED. The Court finds that lex loci contractus is the proper choice-of-law rule applicable to Plaintiffs’ claims. See Pastor v. Union Central Life Ins. Co., 184 F. Supp. 2d 1301, 1306 (S.D. Fla. 2002); Allstate Ins. Co. v. Clohessy, 32 F. Supp. 2d 1328, 1330 (M.D. Fla. 1998). Accordingly, the Court holds that Plaintiffs’ claims are governed by the laws of the State of Minnesota.
