Bridgeview Health Care Center, Ltd. v. Clark

This case presents question as to whether trial court properly found that defendant-insurance company had duty to defend insured in underlying action alleging that insured had sent unsolicited faxes to plaintiff, where trial court based said finding on Illinois law, after determining that there was no conflict between Indiana law and Illinois law on duty to defend issue. Appellate Court, in reversing trial court, found that where, as here, there was absence of controlling authority from Indiana state courts on duty to defend issue, trial court should have conducted conflict of laws analysis to determine which state had most significant contacts with dispute and then applied that state’s law to instant dispute.