In this case, the trial court denied nonresident defendant Commonwealth General Corporation’s special appearance. The court of appeals affirmed the denial on the basis of specific jurisdiction.
Marguerite York and James Roberson purchased accidental death and dismemberment (AD & D) insurance policies from J.C. Penney Life Insurance Company (JCP Life). They were each injured and were denied benefits under their policies.
On June 18, 2001, Commonwealth, a Delaware corporation headquartered in Kentucky, purchased all the stock of JCP Life, a Vermont corporation headquartered in Texas. On June 28, 2001, York and Roberson filed suit 1 against JCP Life and other entities as a result of their claims being denied. In July 2001, York and Roberson added Commonwealth as a defendant.
Commonwealth entered a special appearance, which the trial court denied. The court of appeals affirmed the denial on the basis that there was sufficient evidence to support the exercise of specific jurisdiction by the trial court.
In order for a court to exercise personal jurisdiction over a nonresident defendant, due process requires the defendant to have purposefully established such minimum contacts with the forum state that it could reasonably anticipate being sued in the courts of the state.
Nat’l
*925
Indus. Sand Ass’n v. Gibson,
A nonresident defendant’s contacts with the forum state may give rise to either general or specific jurisdiction.
BMC Software Belg., N.V. v. Marchand,
While negotiating and executing the JCP Life stock sale, Commonwealth sent employees to Texas on several occasions, and its employees attended corporate meetings in Dallas. The court of appeals determined that specific jurisdiction was established by (a) Commonwealth’s status as JCP Life’s sole shareholder, its assumption of liabilities and obligations of JCP Life, and its control of JCP Life’s board of directors, combined with (b) Commonwealth’s contacts with Texas made in the process of purchasing JCP Life’s stock.
First, in regard to Commonwealth’s contacts with Texas as a result of its status as the sole shareholder of JCP Life, we note that separate corporations are presumed to be distinct entities.
See BMC Software Belg., N.V.,
There is no evidence in this record that Commonwealth did more than function as a shareholder of JCP life, albeit the sole shareholder. There is no evidence that Commonwealth controlled the internal business operations of JCP Life and thereby became the alter ego of JCP Life.
Next, there is no evidence that York’s or Roberson’s claims arise from contacts with Texas that Commonwealth made during its purchase of the stock. Nor is there evidence Commonwealth was involved in JCP Life’s claims evaluation process at the time the claims of York and Roberson were denied. York and Roberson do not assert *926 that their claims are related to Commonwealth’s employees coming to Texas to negotiate for and purchase JCP Life or to Commonwealth’s other contacts with Texas during the process of its purchasing JCP Life stock.
Accordingly, the court of appeals erred in holding that the trial court had specific jurisdiction over Commonwealth as to York and Roberson’s causes of action. We reverse the court of appeals’ judgment. The case is remanded to the court of appeals for determination of whether Commonwealth’s contacts with Texas give rise to general jurisdiction.
See Cincinnati Life Ins. Co. v. Cates,
Notes
. The lawsuit was originally filed as a class action. The class-action assertions have been abandoned.
