Obtaining General Jurisdiction Over Out-Of-State Insurers

Law360 (February 26, 2021, 4:30 PM EST) -- An insured bringing an action against an insurer may choose to commence the action in a state in which neither the insurer nor the insured resides.

To do so, the insured will need to establish personal jurisdiction either on the basis of specific jurisdiction or general jurisdiction. When specific jurisdiction may be lacking, as is often the case when the policy was not issued in the forum state, general jurisdiction must be established.

However, insurers are increasingly contesting general jurisdiction on the ground that the insurer's business was not based in the state, following the U.S. Supreme Court's 2014 decision in...

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