Uffner v. La Reunion Francaise, S.A.

244 F.3d 38 (1st Cir. 2001)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

La Reunion (D) is a French insurance company which provides vessels with marine insurance coverage and has its principal place of business in Paris, France. D, T.L. Dallas, in Bradford, England, and Schaeffer in the State of Georgia issued and underwrote a marine policy for P's sailing yacht. A fire broke out in the engine room, forcing P to abandon the vessel. The yacht sank. D contacted his insurance broker, International Marine Insurance Services ('IMIS') to file a claim. The claim was denied due to the alleged absence of a 'current out-of-water survey.' P sued claiming damages for a bad-faith denial of an insurance claim. D and T.L. Dallas filed separate motions to dismiss based on lack of subject matter jurisdiction, failure to state a claim upon which relief can be granted, and improper venue. Schaeffer filed a motion joining these motions to dismiss on the same grounds. The district court dismissed P's complaint without prejudice, concluding that the court lacked personal jurisdiction over appellees and that venue did not lie in Puerto Rico. P appealed.