CCO Appellate Team Secures Reversal of Florida Jurisdictional Ruling
Campbell Conroy & O’Neil appellate attorneys Katherine Wang and P. Brandon Perkins obtained appellate rulings in favor of two foreign insurance carriers, reversing a trial court’s orders that found personal jurisdiction over them. The foreign insurance carriers marketed and sold travel insurance policies to residents of the United Kingdom, providing coverage for medical expenses incurred while traveling abroad. Several insureds were treated at a Florida hospital and executed an assignment of benefits so the hospital could directly bill the foreign carriers. A dispute arose between the foreign carriers and the hospital over the reasonableness of the hospital’s medical charges, and the hospital sued the carriers for payment in Florida State Court. The Sixth District Court of Appeal agreed with CCO’s argument that, while it was foreseeable that carriers’ insureds might travel to Florida, the foreign carriers did not purposely avail themselves of the Florida market, and the exercise of personal jurisdiction violated their Due Process rights. The decision upholds the Constitutional requirements of personal jurisdiction and represents a significant victory for foreign insurers.