This is a reinsurance case involving Laurier, an insurer of Extendicare, and its reinsurance carrier, Employers. In 2002 Laurier, Extendicare’s insurer, settled a wrongful death case and allocated $2.5 million to alleged negligence at Extendicare’s Alpine location during 1996. Laurier sought indemnification from Employers which was denied. Employers claimed Laurier’s failure to give prompt notice of the claim prejudiced it and that prejudice due to failure to give due notice is presumed under Florida law. The issue at bar was whether Florida law governed the contract. The court adopted the Magistrate’s recommendation in part, finding that Florida choice of law rules applied, but found that Florida would apply the doctrine of Lex Loci Contractus. The case was remanded to the magistrate to determine the location of contract execution.
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