Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC concerns whether maritime insurance companies can enforce “choice-of-law” provisions in their policies – eg, which jurisdiction’s laws apply — when that provision goes against the public policy of a state whose law is displaced. Most insured parties have no real power to negotiate such provisions dictated by standard form contracts, a type of contract that most Americans are basically forced to accept to travel, rent cars, buy cell phones, and more. Although this particular case is about insurance related to marine transit, it could have implications for other contract terms that may be in violation of the public policy of the state an American resides or does business in.

On February 21, 2024, the Supreme Court ruled in favor of Great Lakes Insurance SE, holding that choice-of-law provisions are “presumptively enforceable.”

Powerbroker-Affiliated Organizations

Organization

U.S. Chamber of CommerceRead the amicus brief

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  Koch Network

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  Horatio Alger Association