Legal Opinion
Weiss v. La Suisse, Societe D'Assurances Sur La Vie
District Court, S.D. New York
Decided July 25, 2001No. 97CIV1352CMMDFPublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER DISPOSING OF CHOICE OF LAW ISSUES
MCMAHON, Judge.
Before this case can proceed further, the Court must resolve the issue of what law governs the interpretation of the policies sold by La Suisse to the plaintiffs. The policies contain a choice of law clause, which provides that they are governed by Swiss law — a not altogether surprising result, since they were issued by a Swiss insurance company. Plaintiff nonetheless contends that New York law should govern.
The burden of demonstrating that Swiss law does not govern rests with plaintiffs (who challenge the choice…
2Cases cited15 opinions
- Carnival Cruise Lines, Inc. v. ShuteSupreme Court of the United States · 1991
- Gillman v. Chase Manhattan Bank, N. A.New York Court of Appeals · 1988
- Cooney v. Osgood Machinery, Inc.New York Court of Appeals · 1993
- Roby v. Corp. of Lloyd'sCourt of Appeals for the Second Circuit · 1993
- Elias Siegelman, Individually, and as Administrator of the Estate of Eva Siegelman, Deceased v. Cunard White Star LimitedCourt of Appeals for the Second Circuit · 1955
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3Cited by5 opinions
- Weiss v. La Suisse, Societe D'AssurancesDistrict Court, S.D. New York · 2003
- Weiss v. La SuisseDistrict Court, S.D. New York · 2003
- Weiss v. La SuisseDistrict Court, S.D. New York · 2004
- McPhee v. General Electric International, Inc.District Court, S.D. New York · 2010
- Weiss v. SuisseDistrict Court, S.D. New York · 2003