Oklahoma has personal jurisdiction over London based broker
When Willbros was sued for wrongful death, it notified its brokers of the claims. The claims were settled for an amount in excess of the primary policy limits. But, by the time the claims settled, the excess carriers denied any responsibility for the additional amounts paid, claiming the notice was untimely. Willbros then sued its insurance brokers, Gallagher and JLT for failing to properly notify the excess insurers. Gallagher is an Oklahoma broker, while JLT is based in London. JLT was dismissed by the trial court for lack of personal jurisdiction. The Court of Civil Appeals reversed.
The court said it was JLT's contacts with the forum and not JLT's contacts with the plaintiff which were determinative. Because JLT chose to do business with an Oklahoma broker, and made calls on the plaintiff's Oklahoma offices, there was sufficient purposeful availment of Oklahoma to support jurisdiction based on minimum contacts. (Oklahoma courts may exercise jurisdiction to the full extent permitted by the Constitution)
Continue Reading...
