Arbella Mut. Ins. Co. v. Dist. Ct.

134 P.3d 710
CourtNevada Supreme Court
DecidedMay 25, 2006
Docket45098
StatusPublished

This text of 134 P.3d 710 (Arbella Mut. Ins. Co. v. Dist. Ct.) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arbella Mut. Ins. Co. v. Dist. Ct., 134 P.3d 710 (Neb. 2006).

Opinion

134 P.3d 710 (2006)

ARBELLA MUTUAL INSURANCE COMPANY, a Massachusetts Corporation, Petitioner,
v.
The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, in and for the COUNTY OF CLARK, the Honorable Stewart L. Bell, District Judge, and the Honorable Douglas Herndon, District Judge, Respondents, and
Anthony Mendes, Individually; and Muriel Morin, Individually, Real Parties in Interest.

No. 45098.

Supreme Court of Nevada.

May 25, 2006.

*711 Rawlings Olson Cannon Gormley & Desruisseaux and Raymond E. McKay, James R. Olson, and Michael E. Stoberski, Las Vegas, for Petitioner.

Glen J. Lerner & Associates and Paul D. Powell, Las Vegas, for Real Parties in Interest.

Before MAUPIN, GIBBONS and HARDESTY, JJ.

OPINION

HARDESTY, J.

In this original writ proceeding, we consider whether an automobile insurance company purposefully subjected itself to being sued in a Nevada forum by way of its policy's territory coverage clause. We conclude that, because insurance companies have the contractual ability to limit or expand the areas of their coverage, the petitioning insurance company purposefully availed itself of the Nevada forum by including Nevada within its territory coverage clause. We further conclude that, under the facts of this case, exercising jurisdiction over the petitioner is reasonable. Consequently, we deny the writ petition.

FACTS

Real parties in interest, Anthony Mendes and Muriel Morin (the Mendeses), a married couple, purchased an automobile insurance policy while living in Massachusetts, through Southeastern Insurance Company, an independent insurance agency. Southeastern is located in Massachusetts and sells insurance contracts for insurance carriers, one of which is the petitioner, Arbella Mutual Insurance Company. Arbella is a Massachusetts corporation with its principal place of business also located in Massachusetts.

The Mendeses' automobile insurance policy listed their home in Massachusetts as their primary residence, and the policy required that their vehicle would be "garaged" in that state. The policy contained a "territory clause," which provided that coverage for compulsory bodily injury to others was limited to accidents in Massachusetts, but all other parts of the policy provided for coverage for accidents and losses that occurred anywhere in the United States.

The Mendeses temporarily moved to Las Vegas, Nevada. Before their move, the Mendeses met with their Southeastern insurance agent, who advised them that changes to their policy were not necessary since they would be maintaining their Massachusetts residency, voter registrations, license plates, and driver's licenses. While in Las Vegas, the Mendeses renewed their policy with Arbella, which continued to list Massachusetts as the location of their residence and garaging of their vehicle.

Three months after moving from Massachusetts, the Mendeses' vehicle was rear ended in an automobile accident in Las Vegas. Pursuant to their insurance policy, the Mendeses demanded underinsured motorist coverage as well as medical payment coverage *712 from Arbella. Arbella paid the medical coverage benefits, but denied the demand for underinsured motorist coverage on the basis that the Mendeses' vehicle was garaged in Nevada, not Massachusetts. As a result, the Mendeses filed suit in a Nevada district court for breach of contract and bad faith.

Based on the fact that it has never done business or owned property in Nevada, Arbella moved to dismiss the Mendeses' complaint under NRCP 4 and NRCP 12(b)(2), for lack of personal jurisdiction. The district court denied Arbella's motion. Consequently, Arbella seeks writs of mandamus and prohibition from this court, challenging the district court's exercise of personal jurisdiction over it.[1]

DISCUSSION

"To obtain jurisdiction over a non-resident defendant, a plaintiff must show: (1) that the requirements of the state's long-arm statute have been satisfied, and (2) that due process is not offended by the exercise of jurisdiction."[2] First, "Nevada's long-arm statute, NRS 14.065, reaches the limits of due process set by the United States Constitution."[3] Second, the Due Process Clause of the Fourteenth Amendment requires a nonresident defendant to have "`minimum contacts'" with the forum state sufficient to ensure that exercising personal jurisdiction over him would not offend "`traditional notions of fair play and substantial justice.'"[4] "The defendant must have sufficient contacts with the forum such that he or she could reasonably anticipate being haled into court there."[5]

Arbella argues that the district court's exercise of personal jurisdiction over it violated NRS 14.065 (Nevada's long-arm statute), offending principles of due process. In particular, Arbella argues that the district court does not have specific personal jurisdiction over it because it did not purposefully avail itself of the Nevada forum, as it has no contacts with Nevada. And in any event, Arbella argues that requiring it to defend a lawsuit in Nevada would be unreasonable. We disagree.

A defendant's contacts with a state are sufficient to meet the due process requirement if either general personal jurisdiction or specific personal jurisdiction exists.[6] As we have previously recognized, general personal jurisdiction exists when the defendant's forum state activities are so "substantial" or "continuous and systematic" that it is considered present in that forum and thus subject to suit there, even though the suit's claims are unrelated to that forum.[7] It is undisputed that Arbella is not subject to general personal jurisdiction in Nevada because it is a Massachusetts insurance company with no office or direct activities in Nevada. Therefore, we focus on specific personal jurisdiction.

With regard to whether specific personal jurisdiction exists, we have previously held that

[a] state may exercise specific personal jurisdiction only where: (1) the defendant purposefully avails himself of the privilege of serving the market in the forum or of enjoying the protection of the laws of the *713 forum, or where the defendant purposefully establishes contacts with the forum state and affirmatively directs conduct toward the forum state, and (2) the cause of action arises from that purposeful contact with the forum or conduct targeting the forum.[8]

Finally, in determining whether specific personal jurisdiction exists, a court must consider whether requiring the defendant to appear in the action would be reasonable.[9]

Purposeful availment

The United States Courts of Appeals for the Fourth and the Ninth Circuits have both addressed the issue of whether an automobile insurance company's territory coverage clause may constitute purposeful availment for purposes of specific personal jurisdiction.[10]

In the Fourth Circuit case, Rossman v. State Farm Mutual Automobile Insurance Co.,

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Cite This Page — Counsel Stack

Bluebook (online)
134 P.3d 710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arbella-mut-ins-co-v-dist-ct-nev-2006.