Johnson v. Home-Owners Insurance Company

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2005 ABEN E. JOHNSON, Appellant, v. HOME-OWNERS INSURANCE COMPANY, Appellee. No. 4D04-491 [December 14, 2005] ON MOTION FOR REHEARING AND CERTIFICATION PER CURIAM. We deny appellant s motion for rehearing but certify the following question as one of great public importance: Is a Michigan insurer, which does not sell insurance in Florida, subject to personal jurisdiction in Florida in a suit by the insured seeking a defense and coverage, where (a) the insured is being sued in Florida for committing slander in Florida and (b) the policy is a homeowner s policy covering only a Michigan residence but also providing coverage for torts including slander? FARMER, KLEIN and MAY, JJ., concur. * * * Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Thomas H. Barkdull, III, Judge; L.T. Case No. CL 992262. Stephen A. Marino, Jr. of Ver Ploeg & Lumpkin, P.A., Miami, for appellant. Bard D. Rockenbach and Mark Bradfield of Sellars, Marion & Bachi, P.A., West Palm Beach, for appellee. 2

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