331 S.W.3d 662
Mo.2011Background
- Auto Owners filed 2009 suit in Jackson County against Columbia Mutual and Biegel seeking equitable contribution and subrogation.
- Columbia Mutual has registered office in Boone County; Biegel is in Linn County; Columbia maintains agents in Jackson County.
- Jackson County dismissed/then transferred the case to Boone County for improper venue.
- Auto Owners sought mandamus/prohibition; preliminary writ issued directing consideration of proper venue.
- Central issue: whether insurance corporations reside where they have offices/agents or solely where registered office is located, under evolving Missouri venue rules.
- Court held the legislature did not alter the longstanding rule for insurance corporations; residency remains where the entity maintains or usually keeps offices/agents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did 2005 legislation change insurance residency for venue? | Gray remains controlling; residence is where office/agents are. | Repeal of 508.040 and new 508.010 imply residence is where registered office/agent are. | Legislature did not change residency; Gray remains applicable. |
| Under 508.010.2(2), where is proper venue when multiple defendants reside in different counties? | Venue is proper in Jackson County because Columbia Mutual has Jackson agents. | Residence is fixed by statute to Boone for Columbia Mutual; Jackson not proper. | Venue determined by where any defendant resides; insurance residence remains as in Gray, not solely registered office. |
| Is Jackson County the proper venue for this suit against Columbia Mutual and Biegel? | Columbia Mutual has multiple Jackson County agents; venue proper there. | Columbia Mutual’s residence is Boone County per statute; Jackson improper. | Jackson County is proper; transfer to Boone County was erroneous; mandamus directs retransfer to Jackson. |
Key Cases Cited
- State ex rel. Gray v. State, 979 S.W.2d 190 (Mo. banc 1998) (insurance reside where they keep office or agent for business)
- Belcher v. State, 299 S.W.3d 294 (Mo. banc 2009) (statutory words with common-law meaning presumed)
- State ex rel. City of Jennings v. Riley, 236 S.W.3d 630 (Mo. banc 2007) (abuse of discretion standard for writs contexts)
- State ex rel. Trans World Airlines, Inc. v. David, 158 S.W.3d 232 (Mo. banc 2005) (statutory venue framework and related standards)