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)
The court found that JLT's voluntary election to do business in Oklahoma, its visits to Oklahoma, and the stream of communication it maintained with Gallagher and Willbros in Tulsa, constitute an effort by JLT to "purposefully avail[ ] itself of the privilege of conducting activities within the forum State."
First, JLT elected to do business with Gallagher, an Oklahoma company. "Regardless of who initiated the contact, the non-residents could have refused to enter into a contract and thereby alleviated the risk of defending a suit commenced in Oklahoma." Secondly, between 2002 and 2006, prior to and during the effective period of the Policy, JLT made several trips to Oklahoma where its representatives met with representatives of Willbros and Gallagher. During these visits at least some business was discussed in relation to the Policy. Thirdly, during this same time period, JLT maintained communication from its London offices with Gallagher in Tulsa. Although some of this communication regarded only the brokering of insurance generally, a certain amount was directed to the Policy specifically. This communication took the form of e-mail, telephone conversations, and mail. Telephone calls and letters alone may provide sufficient contacts for the existence of personal jurisdiction.
The court concluded by finding that Oklahoma's exercise personal jurisdiction over JLT complied with notions of fair play and substantial justice.
Willbros USA, Inc. v. Certain Underwriters at Lloyds of London, 2009 OK CIV APP 90
