Page:Scottsdale Insurance Co. v. Morrow Valley Land Co.pdf/6

 acknowledged that the poultry farm involved in the Tennessee litigation was located in Tennessee, but nonetheless concluded that Arkansas law applied to the insurance policy.

We must first determine whether the insurance contract should be analyzed under our choice-of-law rules. Crisler, 366 Ark. at 132, 233 S.W.3d at 660. If we conclude that the contract does not contain an effective choice of law by the parties, we apply the significant-relationship analysis. Id. Because there are no disputed facts, our standard of review is de novo.

We first look at the contract at issue, Policy No. CLS1562044. Appellee asserts on appeal that the insurance policy contains an effective choice-of-law designation, directing us to the endorsement that states that Scottsdale "will submit to the jurisdiction of any court of competent jurisdiction within the United States of America" at the request of Morrow Valley. The endorsement further provides that "[a]ll matters which arise will be determined in accordance with the law and practice of the Court. In a suit instituted against any one of them under this contract, [Scottsdale] agrees to abide by the final decision of the Court or of any Appellate Court in the event of an appeal." Scottsdale correctly counters that appellee first raises this issue on appeal; therefore, this court is precluded from considering it. ''See Jordan v. Diamond Equip. & Supply Co.'', 362 Ark. 142, 207 S.W.3d 525 (2005). Appellee never raised and developed the argument that the service-of-suit clause was also a choice-of-law designation before the circuit court, and the circuit court did not have an opportunity to rule on the issue. We will not address an argument raised for the first time on appeal. Id.; see also Brown v. Kelton, 2011 Ark. 93, ___ S.W.3d ___.