SOUTHEAST FLOATING DOCKS, INC v. AUTO-OWNERS INSURANCE CO., 37 Fla. L. Weekly S63a (Fla. Feb. 2, 2012) – Offer of Judgment Statute Does Not Apply in the Face of a Choice-of-Law Clause

In this Florida Supreme Court case, the Court addressed the following certified question: “Does Fla. Stat. § 768.79 apply to cases that are governed by the substantive law of another jurisdiction; and, if so, is this statute applicable even to controversies in which the parties have contractually agreed to be bound by the substantive laws of another jurisdiction?”  The Court answered the question in the negative, holding that the statute is “substantive” and therefore inapplicable when the parties have contractually agreed to be bound by the substantive laws of another state.

SOUTHEAST FLOATING DOCKS, INC v. AUTO-OWNERS INSURANCE CO., 37 Fla. L. Weekly S63a (Fla. Feb. 2, 2012)