Aetna Cas. & Surety Co. v. Continental Western Ins. Co.

704 So. 2d 900, 97 La.App. 3 Cir. 206, 1997 La. App. LEXIS 2821, 1997 WL 758075
CourtLouisiana Court of Appeal
DecidedDecember 10, 1997
DocketW97-206
StatusPublished
Cited by5 cases

This text of 704 So. 2d 900 (Aetna Cas. & Surety Co. v. Continental Western Ins. Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aetna Cas. & Surety Co. v. Continental Western Ins. Co., 704 So. 2d 900, 97 La.App. 3 Cir. 206, 1997 La. App. LEXIS 2821, 1997 WL 758075 (La. Ct. App. 1997).

Opinion

704 So.2d 900 (1997)

AETNA CASUALTY & SURETY CO., Plaintiff — Respondent,
v.
CONTINENTAL WESTERN INSURANCE CO., Defendant — Applicant.

No. W97-206.

Court of Appeal of Louisiana, Third Circuit.

December 10, 1997.

*901 Steven D. Crews, Natchitoches, John W. Perry, Jr., for Aetna Casualty & Surety Company.

David A. Hughes, Alexandria, for Continental Western Insurance Company, et al.

Caldwell Roberts, John M. Madison, Jr., Shreveport, for Unknown "Other" Defendant.

Before DOUCET, C.J., and YELVERTON and SAUNDERS, JJ.

YELVERTON, Judge.

Continental Western Insurance Co.'s (Continental) exceptions of lack of personal jurisdiction and insufficient service of process were overruled by the trial court. Continental applied for writs to this court. Due to the nature of the issues presented, we granted a writ to call the record up for full review.

Factual and Procedural History

Truman and Bessie Oxley, husband and wife, filed suit on November 18, 1991, for damages arising out of an electrical accident that occurred while Truman was working on an electrical transformer manufactured by B & B Transformer Company, Inc. (B & B).

The following four persons were among the defendants sued by the Oxleys:

(1) B & B, a Kansas corporation doing business in Louisiana.
(2) Continental Western Insurance Company, B & B's insurer, a foreign insurance company domiciled in Iowa and not authorized to do business in Louisiana but actually insuring individuals under a policy with nationwide coverage who do business in Louisiana.
(3) J.D. Electric Company, Inc. (J.D.), a Louisiana Corporation with its principal place of business in Shreveport, LA.
(4) Aetna Casualty and Surety Company (Aetna), J.D.'s insurer, a foreign insurance company domiciled in Connecticut and authorized to do and actually doing business in Louisiana.

Other defendants were sued, but they will be mentioned only where necessary.

Continental denied that its policy with B & B covered the injuries sustained by the Oxleys. On motion of the Oxleys, in response to a request by counsel for Continental, Continental was dismissed from the Oxley suit without prejudice. Subsequently, a cross-claim was filed by J.D. and Aetna against B & B and another defendant, Arkansas Transformer Sales Company, Inc. (ATS).

The case went to trial, and the final judgment on the main demand was in favor of the Oxleys. J.D. and Aetna were assigned 5% liability, B & B was assigned 25%, and the remaining liability was assigned to other defendants. J.D., B & B, and ATS were held liable in solido for 40% of the damages. The damages were totaled at $3,575,000.00. On the cross-claim, judgment was in favor of J.D. and Aetna and against B & B and ATS in the amount of $1,243,361.53.

Through post-trial negotiations, Aetna settled with the Oxleys for $1,483,000.00. As additional consideration, Aetna was contractually assigned all of the Oxleys' rights against all other defendants, including B & B and Continental. By making that settlement payment, Aetna became subrogated to J.D.'s rights. Further, by contract Aetna released B & B under the cross-claim in exchange for all rights of B & B against Continental for indemnity and for Continental's failure to defend B & B.

The Present Controversy

Now, Aetna brings suit against Continental praying in part for the following relief:

1) A judgment ordering Continental to pay its limits of $500,000.00, plus interest and costs, as provided in the supplementary payments provision of its policy of insurance, or alternatively for the full amount of the judgment against its insured, B & B, in *902 the amount of $1,243,361.53, together with interest and costs; and
2) Penalties and attorney's fees provided by Louisiana law.

In response, Continental has filed declinatory exceptions to the court's jurisdiction over the person of Continental and to the sufficiency of the service of process made on Continental. The exception to service of process was based on the claim of lack of personal jurisdiction. Because we find the assertion of personal jurisdiction is proper in this case, the exception to service of process falls.

The Law

Louisiana's long-arm statute, La.R.S. 13:3201, authorizes the exercise of personal jurisdiction by a Louisiana court to the limits allowed by constitutional due process. Superior Supply Co. v. Associated Pipe and Supply Co., 515 So.2d 790 (La.1987). Thus, our only inquiry into jurisdiction over the person of a nonresident is whether the requirements of constitutional due process have been met. Id.

Due process requires that a nonresident have certain minimum contacts with the forum state "such that the maintenance of the suit does not offend `traditional notions of fair play and substantial justice.'" International Shoe Co. v. State of Washington, etc., 326 U.S. 310, 316, 66 S.Ct. 154, 158, 90 L.Ed. 95 (1945). This protects the nonresident's liberty interest in not being bound by the judgments of states with which it has established no meaningful "contacts, ties or relations." Id.; Burger King Corp. v. Rudzewicz, 471 U.S. 462, 472, 105 S.Ct. 2174, 2181, 85 L.Ed.2d 528 (1985).

The contacts with the forum state must be continuous and systematic, giving support to an assertion of general jurisdiction, or the cause of action must arise out of or relate to a contact, giving support to an assertion of specific jurisdiction. Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408, 104 S.Ct. 1868, 80 L.Ed.2d 404 (1984).

A nonresident has the necessary contacts with the forum state where it has a contract with a substantial connection to the forum state. McGee v. International Life Insurance Company, 355 U.S. 220, 78 S.Ct. 199, 2 L.Ed.2d 223 (1957). In the specific area of interstate contracts, where a party has reached out beyond its domiciliary state and has created continuing obligations and relationships with citizens of another state, that party is subject to the regulations and sanctions in the other state for the consequences of its actions. Burger King Corp., 471 U.S. 462, 105 S.Ct. 2174, 85 L.Ed.2d 528.

The nonresident must have purposefully availed itself of the privilege of conducting activities within the forum state such that it can be said it should have reasonably anticipated being haled into court there. World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 100 S.Ct. 559, 62 L.Ed.2d 490 (1980). In Hanson v. Denckla, 357 U.S. 235, 253, 78 S.Ct. 1228, 1239-1240, 2 L.Ed.2d 1283 (1958), the court stated, and in Burger King Corp., 471 U.S. 462, 474-475, 105 S.Ct. 2174, 2183, the court reemphasized the following:

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Bluebook (online)
704 So. 2d 900, 97 La.App. 3 Cir. 206, 1997 La. App. LEXIS 2821, 1997 WL 758075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aetna-cas-surety-co-v-continental-western-ins-co-lactapp-1997.