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Choice of law?March 17, 2021

Schottenstein Pain & Neuro, PLLC v Travelers Ins. Co., 2020 NY Slip Op 51549(U)(App. Term 2d Dept. 2020)

“It is uncontroverted that the automobile accident took place in New Jersey and that a [*2]conflict exists between the no-fault laws of New York and New Jersey. The record on appeal indicates that the assignor is a New York resident who received medical services in New York from a New York provider. Defendant’s insurance policy was a Massachusetts business automobile policy issued to a Massachusetts corporation which owned the vehicle involved in the accident and in which the assignor was a passenger. We find that the Civil Court properly determined that New York law controls, since New York has the most significant contacts”

New York law would apply as Mass. does not have a dog in the fight.

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