CopyCited 37 times | Published | District Court, M.D. Florida | 1990 U.S. Dist. LEXIS 1386, 1990 WL 10171
...As such, there are certain state statutory provisions which govern how service of process is to be obtained. [2] Defendant asserts *1323 in its Response to Plaintiff's Motion for Remand that Plaintiff has failed to properly serve process upon Defendant vis-a-vis Florida Statute § 624.422 subsection 3....
...bility. In the instant case, it is clear that the Defendant received the "initial pleading" on October 9, 1989, yet failed to remove the action until December 8, 1989. The fact that the Plaintiff took remedial measures to comply with Florida Statute § 624.422 is of no consequence....
...er 3, 1989. However, it was the office of the Hillsborough County Sheriff that received the "process" on October 3, while the defendant Corporation was served on October 9, 1989 through its Assistant Vice President, Kevin Thomas. [2] Florida Statute § 624.422 provides that: (1) Each licensed insurer, whether domestic, foreign, or alien, shall be deemed to have appointed the Insurance Commissioner and Treasurer and his successors in office as its attorney to receive service of all legal process...
CopyCited 15 times | Published | Supreme Court of Florida
...ance of a writ of garnishment against United. The writ of garnishment was issued commanding United to respond as to whether it was indebted to Julius, and, if so, in what amount. The writ was served upon the State Insurance Commissioner, pursuant to Section 624.422, Florida Statutes (1975)....
...nt and that movant does not believe that defendant has in his possession visible property on which a levy can be made sufficient to satisfy the judgment. The motion may be filed and the writ issued either before or after the return of execution. [2] Section 624.422, Fla....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 1994 WL 515723
...Accord Washington v. Fireman's Fund Insurance Co.,
422 So.2d 366 (Fla. 4th DCA 1982) (in reversing order of dismissal on authority of Confederation of Canada, district court held that process was properly and sufficiently perfected under provisions of section
624.422 so as to vest trial court with personal jurisdiction over foreign insurance company)....
...ite v. Pepsico, Inc.,
568 So.2d 886 (Fla. 1990). [5] In the instant case, however, the plaintiffs cannot avail themselves of this line of authority because the plaintiffs failed to effect service of process in accordance with the applicable statute. Section
624.422 of the Florida Statutes (formerly section 624.0221) provides: *1155 (1) Each licensed insurer, whether domestic, foreign, or alien, shall be deemed to have appointed the Insurance Commissioner and Treasurer and his successors in offic...
...The insurer may change the designation at any time by a new filing. (3) Service of process upon the Insurance Commissioner and Treasurer as the insurer's attorney pursuant to such an appointment shall be the sole method of service of process upon an authorized domestic, foreign, or alien insurer in this state. § 624.422, Fla....
...ead they served AFSLIC's agent in Missouri. Although designating the Commissioner of Insurance as its agent to receive service of process subjects AFSLIC to personal jurisdiction in Florida, process must properly be perfected under the provisions of section 624.422(3) in order to vest the trial court with personal jurisdiction over AFSLIC....
...e Commissioner of Insurance as its agent to receive service of process. Nevertheless, the trial court in this case erred in denying Hobbs' motion to dismiss because the plaintiffs failed to properly serve the Commissioner of Insurance as required by section 624.422. Although the requirement of minimum contacts is satisfied by an insurance company's act of appointing the commissioner as its agent to receive service of process, service must be completed in accordance with section 624.422 before the statute will subject the insurance company to the jurisdiction of the courts of this state....
...Like the court in Rose's Stores, the supreme court held that section
48.081(3) did not require connexity. The supreme court specifically noted that no due process issue existed in Pepsico, presumably because Pepsico's minimum contacts with the state of Florida were not questioned. [6] Section
624.422(1) formerly provided that the appointment would "remain in effect as long as there is outstanding in this state any obligation or liability of the insurer resulting from its insurance transactions therein." §
624.422(1), Fla....
...See Confederation of Canada Life Insurance Co. v. Vega Y Arminan,
144 So.2d 805 (Fla. 1962); Kentucky Farm Bureau Mutual Insurance Co. v. Mills,
367 So.2d 673 (Fla. 2d DCA), cert. denied,
376 So.2d 74 (Fla. 1979). The legislature deleted this language from section
624.422(1), effective in 1982. §
624.422(1), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2004 WL 2952738
...In this case, the department was never notified of the claim against the district. It did, however, receive notice of intent to litigate as to BCBS. [1] The summons and complaint against BCBS were also, properly, served on the department, pursuant to section 624.422, Florida Statutes, governing service of process on insurance companies....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1979 Fla. App. LEXIS 14053
...carrier. Summons was issued on January 18, 1978, and service was had on the Florida Insurance Commissioner. In their amended complaint, appellees alleged Kentucky Mutual had designated the commissioner as its *674 agent for service of process under Section 624.422, Florida Statutes....
...Service of process on the insurance commissioner will establish personal jurisdiction over an insurer which has expressly appointed the insurance commissioner as its agent to accept service to become authorized to conduct insurance transactions in Florida pursuant to Section
624.422, Florida Statutes, or over an insurer which is unauthorized to conduct insurance transaction in Florida but performs one of the acts set out in Section
626.906. In this case the insurer does not fall into either of those categories. Section
624.422, Florida Statutes (1977), provides: (1) Each insurer applying for authority to transact insurance in this state, whether domestic, foreign or alien, shall file with the department its appointment of the insurance commissioner and trea...
...*675 (4) Any other transaction of insurance. Service under Section
626.906 is not binding on appellant since Kentucky Mutual has not conducted any of the acts set out in Section
626.906. Appellees further argue on appeal that independent of Sections
624.422 and
626.906, the Florida courts would have personal jurisdiction over Kentucky Mutual because it assumes the position of the uninsured tortfeasor motorist....
CopyPublished | Florida 4th District Court of Appeal
...complaint with prejudice and remand for the trial court to provide
appellant with an additional opportunity to file an amended complaint.
As to the motions to quash service of process on appellees CNA Surety
and Ruiz, we affirm. 1 Service on CNA did not comport with section
624.422-23, Florida Statutes (2020)....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 6934, 1995 WL 380064
...The affidavit further asserts that the subject insurance policy was issued and delivered to Wynn in Canada. Commercial Union asserts on appeal that the power of attorney was executed at a time when it was contemplating becoming authorized to conduct business in Florida and that the power of attorney was filed pursuant to section 624.422, Florida Statutes (1979) 1 which stated: (1) Each insurer applying for authority to transact insurance in this state, whether domestic, foreign or alien, shall file with the department its appointment of the Insurance Commissioner and...
...nce Commissioner and Treasurer and his successors in office as its attorney to receive service of all legal process issued against it in any civil action or proceeding in this state; and process so served shall be valid and binding upon the insurer. § 624.422, Fla.Stat., (1993)....
...Kentucky. The insureds filed suit in Florida against the insurer for uninsured motorist benefits under the policy and alleged that the insurer had, by power of attorney, designated the insurance commissioner as its agent for service of process under section 624.422, Florida Statutes (1977) 2 ....
...ed jurisdiction over this out of state insurer. Unlike Kentucky Farm, in the instant case, there has never been an allegation by Wynn that the power of attorney executed by Commercial Union was done solely pursuant to the pre-1982 amended version of section 624.422....
...e agreement.”) (citations omitted); see also Beyer v. Home Mutual Ins. Co.,
512 So.2d 990 (Fla. *618 5th DCA 1987). We, therefore, must reject Commercial Union’s assertion that the power of attorney was limited to the pre-1982 amended version of section
624.422....
...Pepsico, Inc.,
568 So.2d 886, 890 (Fla.1990). Further, we find that public policy considerations dictate that an insurer be held accountable in the same forum that it voluntarily elected to benefit from. Since Wynn’s accident occurred subsequent to the amendment of section
624.422, process served upon the Insurance Commissioner was clearly sufficient for the court below to acquire in personam jurisdiction over Commercial Union. Commercial Union’s remaining argument that even section
624.422 as amended is still inapplicable because Commercial Union was never licensed or qualified to do business in Florida must be rejected as well....
...3d DCA 1987); In re Guardianship ofCoolidge,
368 So.2d 426 (Fla. 4th DCA 1979). Affirmed. BARKDULL, J., concurs. . Commercial Union’s assertion on appeal that there was a stipulation between the parties that the power of attorney was filed pursuant to section
624.422 Florida Statutes (1979) is negated by the record. . The 1977 version of section
624.422 was the same as the 1979 version relied upon by Commercial Union....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15326
...tes (1977), by naming a resident agent. This agent may be served with process. It is in keeping with its character and duties that service of process should be made at one place, just as in the case of insurance companies when sued individually. See Section 624.422, Florida Statutes (1977)....
CopyPublished | Florida 1st District Court of Appeal
...served as an insurer’s “attorney to receive service of all legal
process issued against it in any civil action or proceeding in this
state,” we hold that the proposal was not premature, and that
Markovits is entitled to reasonable attorneys’ and paralegals’
fees. §
624.422(1), Fla. Stat. (2014). We therefore reverse and
remand for a hearing to determine the amount of fees to be
awarded to Markovits.
As required by law, the complaint was served on the CFO.
See §§
48.151,
624.422,
624.423, Fla....
...2
argues that service was not perfected until the CFO forwarded
the complaint to State Farm, and therefore the proposal was
premature and invalid. Both parties cite certain statutory
language in support of their positions.
Markovits points to section 624.422, which states,
(1) Each licensed insurer, whether domestic, foreign, or
alien, shall be deemed to have appointed the Chief
Financial Officer and her or his successors in office as
its attorney to receive service of al...
...1st DCA
1992), we discussed “whether service on a foreign corporation and
its surety is perfected through service on the Insurance
Commissioner’s office, as agent of the surety.” At the time, the
Insurance Commissioner was the statutory agent under sections
48.151,
624.422, and
624.423, but the statutes were otherwise
almost identical to the 2014 versions....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 29137
...URIAM. This is an appeal from an order finally dismissing an action against Defendant, Fireman’s Fund Insurance Company, for lack of in personam jurisdiction. We hold that the process was properly and sufficiently perfected under the provisions of Section 624.422(3), Florida Statutes (1969) so as to vest the Court with in personam jurisdiction....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1997, 1987 Fla. App. LEXIS 9882
...However, the facts in Kentucky Farm are distinguishable. In that case the insureds filed suit in Florida against Kentucky Farm Bureau Mutual Insurance *992 Company (Kentucky Farm). Kentucky Farm had executed a power of attorney authorizing the insurance commissioner to accept service of process under section 624.422(1), Florida Statutes (1977), 4 which provided as follows: (1) Each insurer applying for authority to transact insurance in this state, whether domestic, foreign or alien, shall file with the department its appointment of the insurance...
