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Erie Insurance Exchange v. Hoffman

District Court of Appeal of Florida, Third District
Nov 5, 1974
302 So. 2d 445 (Fla. Dist. Ct. App. 1974)

Opinion

No. 74-671.

November 5, 1974.

Appeal from the Circuit Court, Dade County, Alan R. Schwartz, J.

Fowler, White, Humkey, Burnett, Hurley Banick and Fred R. Ober, Miami, for appellant.

Abramson, Rosenthal Scremin, Rentz, McClellan Haggard, Miami, for appellees.

Before PEARSON, HAVERFIELD and NATHAN, JJ.


The issue of law presented by this interlocutory appeal is whether a foreign insurer neither licensed to do, nor engaged in, business within this state may be served pursuant to § 48.181, Fla. Stat. We hold that such a defendant is not properly served by the process prescribed in that statute when the only proof of the acceptance "of the privilege extended by the law to nonresidents and others to operate, conduct, engage in, or carry on a business or business venture in the state" is the fact that its policyholder traveled into this state. Cf. Young Spring Wire Corp. v. Smith, Fla. 1965, 176 So.2d 903; Viking Superior Corporation v. W.T. Grant Company, Fla.App. 1968, 212 So.2d 331.

Accordingly, the order appealed denying defendant Erie Insurance Exchange's motion to dismiss is reversed and the cause remanded with directions to grant the motion.

Reversed.


Summaries of

Erie Insurance Exchange v. Hoffman

District Court of Appeal of Florida, Third District
Nov 5, 1974
302 So. 2d 445 (Fla. Dist. Ct. App. 1974)
Case details for

Erie Insurance Exchange v. Hoffman

Case Details

Full title:ERIE INSURANCE EXCHANGE, A FOREIGN CORPORATION, APPELLANT, v. BETTY…

Court:District Court of Appeal of Florida, Third District

Date published: Nov 5, 1974

Citations

302 So. 2d 445 (Fla. Dist. Ct. App. 1974)

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