Uploaded April 2025 | Updated September 2026, 2 weeks ago
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Sturiano v. Brooks
Florida Supreme Court
523 So. 2d 1126 (1988)
In Sturiano versus Brooks, the Florida Supreme Court answered whether the contract of laws doctrine of lex loci contractis applies to car insurance policies.
New York state residents Vito and Josephine Sturiano purchased a car insurance policy in New York. After buying the car insurance, the Sturianos began living in Florida every winter. The Sturianos didn't tell their insurance company that they would live in Florida for part of the year.
While the Sturianos were in Florida, they were in a serious car accident, and their car hit a tree. Vito died, and Josephine was injured in the crash.
After the crash, Josephine filed suit against Vito's estate, claiming that Vito was negligent while driving the car. Josephine was also the personal representative of Vito's estate, so the court appointed Martin Brooks as the guardian ad litem of Vito's estate. The trial court jury found in favor of Josephine.
Brooks appealed to the Florida fourth district court of appeal. The fourth district reversed the trial court's holding. The court found that New York law applied to Josephine's claim under lex loci contractus, a Latin phrase meaning law of the place where the contract was made because the car insurance contract was executed in New York. Under New York law, an action between spouses is barred unless there's a specific provision in the insurance policy that allows for claims between spouses.
The Court of Appeals then certified a question to the Florida Supreme Court regarding whether Lex Loci contractus should apply to car insurance policies.
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Get more case briefs explained with Quimbee. Quimbee has over 42,700 case briefs (and counting) keyed to 988 casebooks ► quimbee.com/case-briefs-overview
Sturiano v. Brooks
Florida Supreme Court
523 So. 2d 1126 (1988)
In Sturiano versus Brooks, the Florida Supreme Court answered whether the contract of laws doctrine of lex loci contractis applies to car insurance policies.
New York state residents Vito and Josephine Sturiano purchased a car insurance policy in New York. After buying the car insurance, the Sturianos began living in Florida every winter. The Sturianos didn't tell their insurance company that they would live in Florida for part of the year.
While the Sturianos were in Florida, they were in a serious car accident, and their car hit a tree. Vito died, and Josephine was injured in the crash.
After the crash, Josephine filed suit against Vito's estate, claiming that Vito was negligent while driving the car. Josephine was also the personal representative of Vito's estate, so the court appointed Martin Brooks as the guardian ad litem of Vito's estate. The trial court jury found in favor of Josephine.
Brooks appealed to the Florida fourth district court of appeal. The fourth district reversed the trial court's holding. The court found that New York law applied to Josephine's claim under lex loci contractus, a Latin phrase meaning law of the place where the contract was made because the car insurance contract was executed in New York. Under New York law, an action between spouses is barred unless there's a specific provision in the insurance policy that allows for claims between spouses.
The Court of Appeals then certified a question to the Florida Supreme Court regarding whether Lex Loci contractus should apply to car insurance policies.
Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: quimbee.com/cases/sturiano-v-brooks
The Quimbee App features over 42,700 case briefs keyed to 988 casebooks. Try it free for 7 days! ► quimbee.com/case-briefs-overview
Have Questions about this Case? Submit your questions and get answers from a real attorney here: quimbee.com/cases/sturiano-v-brooks
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