Opinion
NO. 2018 CW 0782
07-13-2018
ALEXANDRIA JORDAN BROOKER v. RORY DAVID DOBBS, ET AL
In Re: Mercury Insurance Group, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 647412. BEFORE: McDONALD, McCLENDON AND HOLDRIDGE, JJ.
STAY DENIED; WRIT GRANTED. The trial court's April 12, 2018 ruling which denied the exception of lack of personal jurisdiction filed by defendant, Mercury Insurance Group, is reversed. Defendant, Mercury Insurance Group, is a foreign insurer, not licensed to do business in Louisiana, and it has not done business in Louisiana, has no agents or employees in Louisiana, and has not solicited business in Louisiana. In addition, the insurance policy at issue herein was issued and delivered in Texas. The cause of action herein against defendant, Mercury Insurance Group, did not arise under any of the circumstances identified in La. R.S. 13:3201(A), and jurisdiction in Louisiana cannot be based upon La. R.S. 13:3474. See Jones v. MFA Mutual Insurance Company, 398 So.2d 10 (La. App. 3d Cir.), writ denied, 399 So.2d 586 (La. 1981); and Hall v. Scott, 416 So.2d 223 (La. App. 1st Cir. 1982). We find that there have been insufficient minimum contacts between Mercury Insurance Group and the State of Louisiana to satisfy minimum due process requirements. Accordingly, the exception of lack of personal jurisdiction filed by defendant, Mercury Insurance Group, is granted, and the claims against it are dismissed without prejudice.
JMM
GH
McClendon, J., concurs. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT