In a recent decision, a Federal Court sitting in Florida applied the Florida choice of law rule for torts to a Breach of Fiduciary Duty Claim against an Insurance Company: Download State Farm Mutual Auto. Insurance Co. v. Duckworth (M.D. Fla. Opinion Signed October 4, 2009; Filed October 5, 2009). The Court did not actually decide that tort law applied, as such; the Court in that case noted without deciding the issue that "[t]he parties do not contest that the Florida choice of law rule for torts is the significant relationship test." Download State Farm Mutual Auto. Insurance Co. v. Duckworth (M.D. Fla. Opinion Signed October 4, 2009; Filed October 5, 2009), attached Official Slipsheet Opinion at 26.
Applying the significant relationships test to the facts of that case, the Court determined that Maryland law applied to the Fiduciary Breach Claim. Download State Farm Mutual Auto. Insurance Co. v. Duckworth (M.D. Fla. Opinion Signed October 4, 2009; Filed October 5, 2009), at 26-27. Accordingly, the Court granted State Farm's Summary Judgment Motion in that case.
Parenthetically, the Court was also of the opinion that "[e]ven if Florida law applied to the claim of breach of fiduciary duty, the claim would still fail." Download State Farm Mutual Auto. Insurance Co. v. Duckworth (M.D. Fla. Opinion Signed October 4, 2009; Filed October 5, 2009), at 27 n.16.
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