Insurance Companies typically have agent offices in every county in Florida. Meaning, a Plaintiff may file a lawsuit against an Insurance Company for a first party case in any county in Florida, even if there is no nexus between the case and the county other than a unrelated sales office existing in the area. Naturally, this leads Plaintiffs to forum shop.
Associate, Danielle Orr, recently prevailed on a Motion to Transfer for Forum Non Conveniens, transferring an Uninsured Motorist matter from Duval County to Clay County—the more appropriate venue. In this matter, the only connection between the case and Duval County was the insurer maintaining an office in Duval County— an office which did not relate to the claim whatsoever. In this matter, the accident occurred in Clay County, witnesses were in Clay County, Plaintiff lived in Clay County, and the treatment providers were in Clay County. The matter was filed in Duval County as the nation-wide insurer maintained offices in Duval County.
The Fifth District Court of Appeals affirmed the Duval County trial court in transferring the venue to Clay County per curiam.
This PCA opinion from the Fifth Circuit should limit Plaintiffs attempts to forum shop—or at least cause reflection in Plaintiffs decision to forum shop in first party matters. Nexus of the claim is paramount. The trial courts should look at three factors in determining which jurisdiction is appropriate: 1) convenience of the parties; 2) convenience of the witnesses in the case; and 3) the interests of justice. Hu v. Crockett, 426 So. 2d 1275 (Fla. 1st DCA 1983). As seen by Fifth District’s decision, the Plaintiff’s venue selection is no longer the “factor of over-riding importance.” Id.