Mico Ins. Co. v. Orlando
2016 Ohio 193
Ohio Ct. App.2016Background
- Orlando applied for an auto policy with MICO in February 2010, listing an Ohio residential address and representing the vehicle would be principally garaged in Ohio; MICO issued the policy to that Ohio address.
- Orlando later changed mailing to a Buffalo, Ohio P.O. Box; MICO mailed all correspondence to the Ohio addresses.
- Orlando was in a traffic accident in Fort Myers, Florida on March 16, 2013 while driving a different vehicle insured by GEICO; GEICO is defending Orlando in the Florida suit.
- MICO learned of the Florida accident in April 2014, investigated, and concluded it had no coverage obligation under the policy.
- MICO filed a declaratory-judgment action in Guernsey County, Ohio (Jan 2015). Orlando and Williams moved to dismiss for improper venue under Civ. R. 3.
- The trial court granted the motions, dismissing “due to lack of jurisdiction.” MICO appealed, arguing the court ruled on unraised jurisdictional grounds and that venue and subject-matter jurisdiction were proper in Guernsey County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court properly dismissed MICO's declaratory action for lack of jurisdiction | MICO: dismissal on jurisdictional grounds was erroneous because defendants moved only on venue; court cannot grant on unraised grounds | Orlando/Williams: sought dismissal for improper venue (Civ. R. 3); did not argue lack of jurisdiction | Court: trial court erred — cannot grant dispositive relief on issues not raised with particularity; sustain assignment of error |
| Whether the common pleas court has subject-matter jurisdiction over MICO's declaratory claim | MICO: court of common pleas has jurisdiction to decide declaratory coverage disputes where contract and parties are Ohio-based | Defendants: (implicit) challenged venue, not subject-matter jurisdiction | Court: subject-matter jurisdiction exists for the declaratory action; merits are within common pleas court jurisdiction |
| Whether personal jurisdiction was properly at issue and could be raised by the trial court sua sponte | MICO: personal jurisdiction was not raised by defendants (Orlando appeared generally; Williams filed a limited appearance), so it cannot be raised for the first time by the court | Defendants: did not assert personal jurisdiction defect in their motions; focused on venue | Court: personal jurisdiction was not properly raised; venue and jurisdiction are distinct; court erred by deciding jurisdiction when not pleaded |
Key Cases Cited
- Hunt v. Marksmen Prods., 101 Ohio App.3d 760 (appellate review of dismissal is de novo)
- State ex rel. Sawicki v. Court of Common Pleas of Lucas County, 121 Ohio St.3d 507 (trial court may not grant dispositive relief on grounds not raised by the moving party)
- Morrison v. Steiner, 32 Ohio St.2d 86 (subject-matter jurisdiction of common pleas court over justiciable matters)