Williams v. Union Nat. Ins. Co., 87-1880
| Decision Date | 01 July 1988 |
| Docket Number | No. 87-1880,87-1880 |
| Parties | 13 Fla. L. Weekly 1538 Queen WILLIAMS, Appellant, v. UNION NATIONAL INSURANCE COMPANY, Appellee. |
| Court | Florida District Court of Appeals |
Stephen A. Smith, Lake City, for appellant.
Brannon, Brown, Haley, Robinson & Cole, Lake City, Jeffrey M. Bell of Taylor, Brion, Buker & Greene, Miami, for appellee.
Queen Williams appeals, contending the trial court erred in transferring her suit against Union National Insurance Company (Union) from Columbia County to Dade County. We agree and reverse.
Williams sued Union, alleging that Union issued to Andrew Jackson an automobile liability insurance policy for the policy period of April 8, 1986, to April 8, 1987, and that she was injured by Jackson's negligent operation of an automobile in Columbia County on May 25, 1986, while the policy was still in full force and effect. Williams further alleged that she recovered a judgment against Jackson in Columbia County for the amount of $75,000.00, and having recovered this judgment against Union's insured, is entitled to a judgment against Union. 1
The applicable venue statute is section 47.051, Florida Statutes (1987), which provides that actions against domestic corporations shall be brought only in the county where such corporation has or usually keeps an office for transaction of its customary business, where the cause of action accrued, or where the property in litigation is located. Since there is no property in litigation, the proper venue for this action is the county where Union keeps an office for transaction of its customary business, or where the cause of action accrued.
Union argues on appeal, as it did below, that venue belongs in Dade County because it is a Florida corporation whose principal and only place of business is Dade County. Further, Union likens this action to a declaratory relief action to determine coverage under the insurance policy, and contends that because the policy in question was executed and cancelled in Dade County, the proper venue is Dade County. Union maintains that it will defend, moreover, on the grounds that it cancelled the policy before the accident when Jackson's check for the premium was returned for insufficient funds.
The plaintiff has the prerogative of selecting venue; and so long as that selection is one of the statutory alternatives, it will not be disturbed. The party seeking to change venue has the burden of demonstrating that the plaintiff's selection is contrary to the statutory privilege. Perry Building Systems, Inc. v. Hayes & Bates, Inc., 361 So.2d 443 (Fla. 1st DCA 1978).
We disagree with Union's characterization of this complaint as one seeking a determination of coverage under the insurance policy. Rather, the gravamen of appellant's complaint is that, having secured a...
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