Hudson Insurance v. Oppenheim
Opinion of the Court
Order, Supreme Court, New York County (Karla Moskowitz, J.), entered May 11, 2006, which denied defendant’s motion to dismiss for lack of personal jurisdiction or on the ground of forum non conveniens, unanimously affirmed, with costs.
Defendant, served with process as the representative of an insurer syndicate that subscribed to a fidelity bond that is part of a comprehensive insurance policy, is subject to jurisdiction in New York as a result of his principals having insured the loss of a New York resident (CFLR 302 [a] [1]), namely, plaintiff Hudson, a subsidiary of plaintiff Fairfax. Although the policy was purchased by Fairfax, a Canadian corporation, it defines “Assured” to include Fairfax’s subsidiaries. Due process is not offended since the bond applies to losses “anywhere in the world,” so the insurers should have reasonably expected to defend an action in New York. There being jurisdiction under CFLR 302 (a) (1), it is immaterial whether there is also jurisdiction under CFLR 301 or CFLR 302 (a) (2) and (3); whether defendant represents all of the subscribing insurers, an issue, we note, that defendant improperly raised for the first time in his reply (see Schulte Roth & Zabel, LLP v Kassover, 28 AD3d 404 [2006]); whether the permissive service of suit clause, allowing service on defendant in Canada, is void as against public policy, an issue, we note, that defendant improperly raised for the first time on appeal (see Recovery Consultants v Shih-Hsieh, 141 AD2d 272, 276 [1988]); and what effect, if any, such clause has on jurisdiction, although we do note that the clause purports merely to provide a method for due process notice, and not a basis for jurisdiction (see Keane v Kamin, 94 NY2d 263, 265 [1999]).
Defendant fails to carry his “heavy” burden of challenging
Case-law data current through December 31, 2025. Source: CourtListener bulk data.