KANAWHA INSURANCE COMPANY, APPELLANT,
v.
ERMA L. MORRISON, APPELLEE
Explore caselaw by topic → Browse In Personam Jurisdiction cases and more on FLexlaw
PER CURIAM.
The order of the trial court denying appellant’s motion to dismiss for lack of jurisdiction is reversed. It is suggested that investigation of the cause of death by agents of appellant in Florida or that refusal of appellant to pay under its double indemnity clause constitutes a breach of the insurance contract in Florida so that jurisdiction attaches. Neither suggestion has merit. Payment of premiums for life insurance by mail from Florida to a foreign insurer is similarly insufficient to justify in personam jurisdiction over the foreign insurer. That aspect of Section 626.906 Florida Statutes (1979) refers to and its effect is limited to a situation where the insurance contract is entered into or delivered in the State of Florida. Parliament Life Insurance Company v. Eglin National Bank, 333 So. 2d 517 (Fla. 1st DCA 1976), Drake v. Scharlau, 353 So. 2d 961 (Fla.2d DCA 1978) and Kentucky Farm Mutual Insurance Company v. Mills, 367 So. 2d 673 (Fla.2d DCA 1979). We therefore remand the cause with instructions that the complaint be dismissed.
REVERSED AND REMANDED.
DOWNEY, BERANEK and HERSEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Shelter Mut. Ins. Co. v. Frederick, 654 So. 2d 656 (Fla. 5th DCA 1995)…offending the fundamental due process guarantees of fair play and substantial justice required by International Shoe Co. v. Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945). Next, the Fourth District, in Kanawha Insurance Co. v. Morrison, 394 So. 2d 1147 (Fla. 4th DCA 1981), citing the foregoing cases, held: Payment of premiums for life insurance by mail from Florida to a foreign insurer is similarly insufficient to justify in personam jurisdiction over the foreign insurer. That aspect of Section 6…
-
Alvera Walter v. Blue Cross & Blue Shield United OF Wis., 181 F.3d 1198 (11th Cir. 1999)…ther a nonresident insurer made a deliberate and voluntary choice to do business in Florida. For example, a nonresident insurer is not subject to suit in Florida simply because an insured paid premiums from Florida. See Kanawha Ins. Co. v. Morrison, 394 So. 2d 1147, 1147 (Fla.Dist.Ct.App.1981) (“Payment of premiums for life insurance by mail from Florida to a foreign insurer is ... insufficient to justify in personam 'jurisdiction over the foreign insurer.”); Parliament Life Ins. Co. v. Eglin Nat’l Bank, 333 S…
Authorities Cited
- Drake v. Scharlau, 353 So. 2d 961 (Fla. 2d DCA 1978)
- Parliament Life Ins. Co. v. Eglin Nat'l Bank, 333 So. 2d 517 (Fla. 1st DCA 1976)
- Ky. Farm Bureau Mut. Ins. Co. v. Mills, 367 So. 2d 673 (Fla. 2d DCA 1979)