Kanawha Insurance v. Morrison

KANAWHA INSURANCE COMPANY v. Erma L. MORRISON

Kanawha Ins. v. Morrison, 394 So. 2d 1147 (Fla. Dist. Ct. App. 1981)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: March 11, 1981
Docket: No. 80-1718
Judges: Beranek, Downey, Hersey
Citations: 394 So. 2d 11471981 Fla. App. LEXIS 18902

Cited by 3 1 descriptions by later courts

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

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).

*1148 We therefore remand the cause with instructions that the complaint be dismissed.

REVERSED AND REMANDED.

DOWNEY, BERANEK and HERSEY, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(“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.”)

Walter v. Blue Cross & Blue Shield United, 181 F.3d 1198 (11th Cir. 1999)

Cited by 3 cases

View all citing references →

Relies on it most ⓘ

Walter v. Blue Cross & Blue Shield United181 F.3d 1198 (11th Cir. 1999)
Shelter Mutual Insurance Co. v. Frederick654 So. 2d 656 (Fla. Dist. Ct. App. 1995)
SMB Capital LLC; Bernstein Equity Partners, LLC; and BD MD-87, LLC v. Global Aerospace Underwriting Managers (Canada) Limited; and Global Aerospace, Inc.No. 6:25-cv-00292 (M.D. Fla. Jan. 26, 2026)

Most recent

SMB Capital LLC; Bernstein Equity Partners, LLC; and BD MD-87, LLC v. Global Aerospace Underwriting Managers (Canada) Limited; and Global Aerospace, Inc.No. 6:25-cv-00292 (M.D. Fla. Jan. 26, 2026)
Walter v. Blue Cross & Blue Shield United181 F.3d 1198 (11th Cir. 1999)
Shelter Mutual Insurance Co. v. Frederick654 So. 2d 656 (Fla. Dist. Ct. App. 1995)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Drake v. Scharlau, 353 So. 2d 961 (Fla. Dist. Ct. App. 1978)	32
	Parliament Life Ins. Co. v. Eglin NAT. BK., 333 So. 2d 517 (Fla. Dist. Ct. App. 1976)	10
	Ky. Farm Bureau Mut. Ins. Co. v. Mills, 367 So. 2d 673 (Fla. Dist. Ct. App. 1979)	7

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