Choice of Law: New York and English Approaches to Insurance and Reinsurance Contracts in Research Handbook on International Insurance Law and Regulation. Julian Burling and Kevin Lazarus, eds. 2011. Edward Elgar Publishing. Winner of The British Insurance Law Association (BILA) Book Prize for 2013.
It seems an appropriate time to consider the laws applied to international insurance and reinsurance business under the conflicts rules of New York and England. The Regulation on the Law Applicable to Contractual Obligations (the Regulation) has recently come into effect in England and makes significant changes to the regime.1 New York law has, since the 1950s, undergone a revolution in approach. London and New York are two of the main international centres for insurance and reinsurance disputes, so there is a good deal of material on which to draw for a comparison of the approach in each jurisdiction. The basic issues faced in each jurisdiction in relation to international disputes are of course largely similar. Should the parties be free to choose the applicable law? How should the applicable law be identified where there has been no choice of law? What limits should there be on party autonomy?