AUTO CLUB INSURANCE ASSOCIATION, A FOREIGN CORPORATION, APPELLANT,
v.
JULIUS MEYER, APPELLEE
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A foreign insurer's contract insuring a resident against liability anywhere in the U.S. does not establish minimum contacts for personal jurisdiction in any state where an accident occurs.
The trial court denied an insurance company's motion to dismiss for lack of personal jurisdiction. The insurance company issued a policy in a foreign …
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LEHAN, Judge.
We reverse the trial court’s denial of defendant insurance company’s motion to dismiss for lack of personal jurisdiction under the Florida long-arm statute, section 48.193 Florida Statutes (1983). We agree with Kight v. New Jersey Manufacturers Insurance Co., 441 So. 2d 189, 190 (Fla. 5th DCA 1983) that A foreign insurer’s contract entered into in a foreign state insuring a foreign resident against liability resulting from an automobile accident occurring anywhere in the United States does not constitute such a minimum contact with all such states as is required by the federal constitutional due process requirement in order to confer in personam jurisdiction over the foreign insurer in any state where an accident may occur and liability arise.
As did the Fifth District Court of Appeal in Right,'we express direct conflict with National Grange Mutual Insurance Co. v. Fondren, 433 So. 2d 1276 (Fla. 4th DCA 1983).
The complaint against the insurance company should have been dismissed because it failed to allege that the requirements of section 48.193(l)(d) were met, to wit, that the insurance company had insured a driver or his vehicle located within Florida at the time the insurance contract was entered into. Nettles v. White, 439 So. 2d 1048 (Fla. 2d DCA 1983).
Reversed and remanded for proceedings consistent herewith.
RYDER, C.J., and CAMPBELL, J., concur.
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Meyer v. Auto Club Ins. Ass'n, 492 So. 2d 1314 (Fla. 1986)…EHRLICH, Justice. We have for review Auto Club Insurance Association v. Meyer, 458 So. 2d 425 (Fla. 2d DCA 1984), which directly conflicts with National Grange Mutual Insurance Co. v. Fondren, 433 So. 2d 1276 (Fla. 4th DCA), review denied, 443 So. 2d 980 (Fla.1983). We have jurisdiction, article V, section 3(b)(3), Florida Constitution, and…
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Erie Ins. Exch. v. Larose, 202 So. 3d 148 (Fla. 2d DCA 2016)…ved to Florida, and he sued Auto Club in Florida for failing to pay first-party PIP benefits arising out of his Florida accident. Id. at 1315. The trial court refused to dismiss the action, but this court reversed, see Auto Club Ins. Ass’n v. Meyer, 458 So. 2d 425 (Fla. 2d DCA 1984), and the supreme court affirmed, Meyer, 492 So. 2d at 1315. In doing so, the supreme court explained: The record before us shows that respondent was a foreign corporation, authorized and licensed to do business in Michigan. Respo…
Authorities Cited
- Nettles v. Corkleigh E. White, 439 So. 2d 1048 (Fla. 2d DCA 1983)
- Nat'l Grange Mut. Ins. Co. v. Fondren, 433 So. 2d 1276 (Fla. 4th DCA 1983)
- Kight v. NEW Jersey Mfrs. Ins. Co., 441 So. 2d 189 (Fla. 5th DCA 1983)