ERIE INSURANCE EXCHANGE, A FOREIGN CORPORATION, APPELLANT,
v.
BETTY HOFFMAN, INDIVIDUALLY, ET AL., APPELLEES
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PEARSON, Judge.
The issue of law presented by this interlocutory appeal is whether a foreign insurer neither licensed to do, nor engaged in, business within this state may be served pursuant to § 48.181, Fla.Stat. We hold that such a defendant is not properly served by the process prescribed in that statute when the only proof of the acceptance “of the privilege extended by the law to nonresidents and others to operate, conduct, engage in, or carry on a business or business venture in the state” is the fact that its policyholder traveled into this state. Cf. Young Spring & Wire Corp. v. Smith, Fla.1965, 176 So. 2d 903; Viking Superior Corporation v. W. T. Grant Company, Fla.App.1968, 212 So. 2d 331.
Accordingly, the order appealed denying defendant Erie Insurance Exchange’s motion to dismiss is reversed and the cause remanded with directions to grant the motion.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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J.C. Penney Life Ins. Co. v. Moser, 490 So. 2d 1275 (Fla. 5th DCA 1986)…of his commission of a violent felony (he was killed by the victim he was attempting to rob) did not preclude recovery under the policy. More appropriate to the issue before us is the case of Brown v. State Farm Mutual Automobile Insurance Company, 302 So. 2d 445 (Fla. 1st DCA 1974). At a party in his home, Brown became inebriated and began to behave in an aggressive, violent and dangerous manner. One handgun was taken away from him. He attempted to use a shotgun but could not find any shells. He ultimately…
Authorities Cited
- O'Neill v. Adams, 176 So. 2d 903 (Fla. 1965)
- Viking Superior Corp. v. W. T. Grant Co., 212 So. 2d 331 (Fla. 1st DCA 1968)