Although neither party briefed the conflict of laws issue on appeal, both parties addressed the issue in motions filed with the trial court, and, thus, the record before us is sufficient to resolve this issue. In deciding conflict of laws issues, we are guided by the principles set forth in our previous decision in O'Connor v. O'Connor, 201 Conn. 632, 519 A.2d 13 (1986). In O'Connor, we recognized that "[t]his court has traditionally adhered to the doctrine that the substantive rights and obligations arising out of a tort controversy are determined by the law of the place of injury, or lex loci delicti.

. See also Glenwood Systems, LLC v. Med–Pro Ideal Solutions, Inc., 438 Fed.Appx. 27, 29 (2d Cir.2011); Almonte v. New York Medical College, 851 F.Supp. 34, 39 (D.Conn.1994) (citing O'Connor v. O'Connor, 201 Conn. 632, 650, 519 A.2d 13 (1986) (quoting Restatement (Second) Conflicts of Laws § 145)). To determine the forum with the most significant relationship in the context of a tort case, the court considers “(a) the place where the injury occurred, (b) the place where the conduct causing the injury occurred, (c) the domicil, residence, nationality, place of incorporation and place of business of the parties, and (d) the place where the relationship, if any, between the parties is centered.” O'Connor, 201 Conn. at 652, 519 A.2d 13 (quoting Restatement (Second) Conflicts of Law § 145(2) and citing id., § 6).

Under Connecticut law, lex loci delicti, "the doctrine that the substantive rights and obligations arising out of a tort controversy are determined by the law of the place of injury," typically applies. O'Connor v. O'Connor, 201 Conn. 632, 637, 519 A.2d 13 (1986). Lex loci delicti would require the application of Nigerian law because the Adamu plaintiffs' injuries are alleged to have occurred there.

Under that doctrine, in this action the state suffering the economic impact of CRRA's $220 million loan to Enron would be Connecticut and its law would govern the substantive rights and obligations of the parties to the litigation. O'Connor v. O'Connor, 201 Conn. 621, 637, 519 A.2d 13, 15 (1986). Subsequently in 1986 Connecticut modified that approach in tort actions where "application of the doctrine of lex loci would produce an arbitrary, irrational result" to embrace the "most significant relationship" analysis of the Restatement (Second) of Conflict of Laws §§ 6 and 145(1) and (2) (1971) because that test "represent[ed] the most comprehensive and equitably balanced approach to the conflict of laws."

A "false conflict" of laws is said to exist "where application of the laws of two or more jurisdictions with contacts to the litigation reach identical results, thus eliminating any potential conflict of laws." O'Connor v. O'Connor, 201 Conn. 632, 657 n. 18, 519 A.2d 13 (1986). "In such a case, the case ought to be decided under the law that is common to both states."

Applying Connecticut's choice of law rules under both a tort and contract analysis, the district court rightly concluded that the substantive law of Connecticut applies. See O'Connor v. O'Connor, 201 Conn. 632, 519 A.2d 13 (1986); Whitfield v. Empire Mut. Ins. Co., 167 Conn. 499, 356 A.2d 139 (1975). I. Continental As An Intended and Foreseeable Beneficiary

[T]hough not recognizing strict liability, North Carolina's product liability law “expresses no interest in regulating the conduct of the defendant, but rather limits the liability exposure to which his conduct subjects him.” O'Connor, 201 Conn. at 654, 519 A.2d 13. As comment e to Restatement § 146 (relating to personal injury) advises, an important factor in the “most significant relationship” analysis is to look at the purpose sought by the particular tort rule:

The relevant factors that are considered are: (1) the place where the injury occurred; (2) the place where the conduct causing the injury occurred; (3) the domicile, residence, nationality, place of incorporation, and business of the parties, and (4) the place where the relationship, if any, between the parties is based. Id. at 558-59 (quoting O'Connor v. O'Connor, 201 Conn. 632, 652 (1986)). "Under both federal and Connecticut choice-of-law rules, a claim for malicious prosecution is governed by the laws of the state in which the legal proceedings took place, unless a more significant relationship exists in another state."

In the record before the court, the only factual tie to a state other than Connecticut is the Illinois corporate citizenship of Continental. Under either a tort choice of law analysis, see O'Connor v. O'Connor, 201 Conn. 632, 519 A.2d 13 (1986), or a contract analysis, see Whitfield v. Empire Mut. Ins. Co., 167 Conn. 499, 356 A.2d 139 (1975), Connecticut law governs resolution of the instant dispute. Furthermore, in analyzing the primary issue presented by this motion, the court expresses no opinion on what reciprocal duties, if any, might run between an excess and primary insurer, an excess insurer and the insured, a primary insurer and the insured, or even the primary insurer and the insured's counsel.