Ex parte Kentucky Farm Bureau Mutual Insurance Company PETITION FOR WRIT OF MANDAMUS (In re: Rebecca Henderson v. Kentucky Farm Bureau Mutual Insurance Company) (Baldwin Circuit Court: CV-24-901036).
SC-2024-0608
Ala.Mar 21, 2025Background
- Rebecca Henderson, a Kentucky resident, and her son were involved in a car accident in Alabama.
- Henderson had a Kentucky-issued insurance policy with Kentucky Farm Bureau Mutual Insurance Company (KFB), providing uninsured motorist (UM) benefits.
- Henderson sued the at-fault driver, Knapp (an Alabama resident), for negligence/wantonness, and KFB for UM benefits, in Alabama state court.
- KFB moved to dismiss for lack of personal jurisdiction, arguing it did no business in Alabama and the policy was issued in Kentucky.
- The Alabama trial court denied KFB’s motion; KFB sought mandamus relief from the Alabama Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Personal jurisdiction over KFB | Issuing nationwide coverage shows KFB purposely availed itself of doing business in Alabama. | No business or systematic contacts with Alabama; policy issued in Kentucky to a Kentucky resident. | No personal jurisdiction; KFB's motion to dismiss should be granted. |
| Sufficiency of contacts (general) | Policy covers accidents anywhere, so KFB should foresee being sued in any state, including Alabama. | Nationwide coverage alone does not create systematic or continuous Alabama contacts. | General jurisdiction not satisfied. |
| Sufficiency of contacts (specific) | By providing coverage for accidents in Alabama, KFB's actions are related to this Alabama case. | Actions are not purposefully directed at Alabama; Alabama contacts arise only from insured's presence. | Specific jurisdiction not satisfied. |
| Necessity/Convenience of Alabama suit | Required to sue in Alabama for practical reasons due to dual defendant situation (tortfeasor and insurer). | Legal necessity or convenience does not supply personal jurisdiction over a foreign insurer. | Legal necessity does not confer jurisdiction. |
Key Cases Cited
- Ex parte Georgia Farm Bureau Mut. Auto. Ins. Co., 889 So. 2d 545 (Ala. 2004) (no personal jurisdiction over an out-of-state insurer for a contract claim when policy was issued out-of-state and insurer lacked systematic contacts with Alabama)
- Elliott v. Van Kleef, 830 So. 2d 726 (Ala. 2002) (setting forth minimum contacts/purposeful availment requirements for personal jurisdiction)
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985) (purposeful availment standard for personal jurisdiction)
- Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408 (1984) (differentiating general and specific jurisdiction)
- World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (1980) (no jurisdiction based solely on foreseeability of being haled into forum)