Missouri Court Has Subject Matter Jurisdiction Over Breach Of Insurance Contract Claim After Out Of State Insured Moves To Missouri Before Filing Suit
01/02/08
Insured was an Illinois resident passenger injured on Illinois side of bridge crossing Mississippi river. After insurer denied payment of medical expenses on insured’s Illinois-issued auto insurance policy, insured filed breach of contract action in St. Louis City, Missouri where insured had moved subsequent to the accident. Court of appeals reversed trial court’s dismissal for lack of subject matter jurisdiction, holding that RSMo. 507.020 “is a legislative declaration of comity.” “Whenever a claim exists under the law of another state, action thereon may be brought in [Missouri] by the person or persons entitled to the proceeds of such claim if he or they are authorized to bring such action by the laws of said other state.” In other words, if insured has an actionable claim under Illinois law, then she may bring it in Missouri. Once jurisdiction was obtained, the question became one of forum non conveniens. Further, subject matter jurisdiction cannot be waived by agreement. Powell v. State Farm Mutual Automobile Insurance Company, Docket No. ED89851 (Mo.App.E.D. 1/2/2008)
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