Law360 Reports on Pasich LLP’s Amicus Brief Filed on Behalf of United Policyholders in Choice-of-Law Dispute
Louisiana, Mississippi and Pennsylvania urged the U.S. Supreme Court to uphold a Third Circuit decision ordering a lower court to determine whether a New York choice-of-law provision in a yacht owner’s maritime insurance policy can be sidestepped in place of Pennsylvania state law. The issue stems from Great Lakes Insurance’s declaratory action filed against Raiders Retreat Realty Co. LLC in Pennsylvania federal court in September 2019, after Raiders sought coverage for a run-aground yacht whose hailing port is in Pennsylvania.
As reported by Law360, Pasich LLP filed an amicus brief on behalf of United Policyholders supporting Raiders, stating that Great Lakes’ own New York choice-of-law clause is at odds with its call for an “automatic application of an absolute ‘federal policy’ for state law matters.” United Policyholders noted that the Third Circuit still followed Supreme Court precedent by recognizing that choice-of-law clauses are already presumed to be enforceable.
The case is Great Lakes Insurance SE v. Raiders Retreat Realty Co. LLC., case number 22-500. United Policyholders is represented by in-house counsel Amy Bach, by Kirk Pasich, Christopher Pasich and Peter Halprin of Pasich LLP, and by Joshua Gold and Dennis J. Nolan of Anderson Kill PC.
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