Choice of Law / Service of Suit Endorsement
Choice of Law / Service of Suit Endorsement
Cook was used a policy by Admiral. Cook told Admiral of a claim in Oklahoma. Admiral said the policy did not count the claim and that Texas laws applied because the policy was delivered to Cook in Texas.
The court disagreed finding that the service of suit endorsement allowed Oklahoma law to apply. In the Service of suit endorsement, Admiral agreed it could be sued in any court of competent jurisdiction and that all matters would he determined in accordance of the law and practices of such court.
Since the suit was filed in Oklahoma, the court found that Oklahoma law applied. Further, fact questions precluded summary judgment on whether the pollution exclusion applied and also whether the insured acted in bad faith.
