Supreme Court Decision Syllabus (scotus)
Great Lakes Insurance v. Raiders Retreat Realty (Maritime Contract)
- Autor: Vários
- Narrador: Vários
- Editora: Podcast
- Duração: 0:06:40
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Great Lakes v. RaidersGreat Lakes Insurance (organized in Germany and HQ in UK) entered into a maritime insurance contract with Raiders Retreat Realty Company (HQ in PA). The contract included a provision to apply New York law. A Raiders vessel had an incident in Florida, Raiders then filed a claim. Great Lakes filed for declaratory judgment in a Pennsylvania federal court. Raiders responded in that case. The PA federal court applied New York law and denied the Raiders claims under Pennsylvania law. On appeal, the Third Circuit recognized that choice of law provisions in Maritime contracts were presumptively valid, but that there must be a valid public policy reason to allow for it. The Third Circuit remanded back to the federal district court, instructing the court to consider the public policy interests of Pennsylvania in the maritime insurance context. Held: Choice of law provisions in maritime contracts are presumptively enforceable under federal maritime law, with narrow exceptions, not applicabl