Jurisdiction: Personal Jurisdiction
|Nasca v. Hull, 2004 MT 306 Montana District Court could properly exercise personal jurisdiction over out-of-state insurance agent who allegedly represented to business entity with car dealership in Montana that he had obtained workers’ compensation insurance valid in Montana for Montana business where Montana insurance not obtained.|
Ballard v. Stillwater Mining Company [12/23/99] 1999 MTWCC 83 After suffering ankle injury working in Alaska, claimant worked as a miner in Montana and reinjured his ankle. The Alaska WC carrier paid benefits for ankle surgery following the reinjury, then demanded reimbursement from the Montana WC carrier upon realizing the surgery followed a Montana reinjury. When claimant filed a petition against the Montana carrier, it moved to join the Alaska carrier, which argued the Montana WCC had no personal jurisdiction over it because it did minimal business in Montana. WCC held that where the Alaska carrier has been authorized to sell insurance in Montana, and registered to do business in the state, since 1982, the WCC has personal jurisdiction over it under the doctrine of express consent through registration and/or appointment of an agent for service of process in the state. Pennsylvania Fire Ins. Co. v. Gold Issue Mining & Milling Co., 243 U.S. 93, 95, 37 S.Ct. 344, 344, 61 L.Ed. 610 (1917); Sternberg v. O'Neil, 550 A.2s 1105 (Del. 1988).