• Venue is proper in any county where either insurer had an agent or other representative.
  • March 1, 2018
  • Gardner v. Std. Fire Ins. Co., 2017 Fla. App. Lexis 15382 (Fla. 5th DCA 2017)


    Two foreign insurers were sued for denying uninsured motorist benefits. The automobile accident occurred in a county between residents who reside in different counties than the area where the accident occurred. The plaintiff filed a lawsuit in a county where neither the accident occurred nor either party resided. With regard to foreign corporations, Florida Statute § 47.051 provides that venue is proper where such corporation has an agent or other representative, where an action accrues or where the proportion in litigation is located. One of the parties admitted in its Answer that it had an agent in the county where the action was brought. Therefore, the court held that the location or mere presence of an agent or other representative in a jurisdiction subjects that party to jurisdiction within that venue.