Justices Weigh Contract Certainty in Marine Insurance Dispute

The U.S. Supreme Court heard its first marine insurance case in nearly 70 years over the enforceability of a choice-of-law provision. Anthony Bartell spoke with Law360 about the Court’s pending decision and whether, among other things, the opinion will recognize the lack of policyholder input into the drafting of most insurance policies. “It’s not a typical contract and the policyholder generally has no input into the terms of most of the provisions, including this choice-of-law provision,” Anthony added that if the Court recognizes this fact, then it “will prove enormously helpful to policyholders generally as we move forward.”