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ABEN E. JOHNSON, Appellant, v. HOME-OWNERS INSURANCE COMPANY, Appellee.

30 Fla. L. Weekly D2834a

Jurisdiction — Insurer — Foreign insurer — Question certified whether a Michigan insurer, which does not sell insurance in Florida, is 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?

ABEN E. JOHNSON, Appellant, v. HOME-OWNERS INSURANCE COMPANY, Appellee. 4th District. Case No. 4D04-491. December 14, 2005. Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Thomas H. Barkdull, III, Judge; L.T. Case No. CL 99-2262. Counsel: 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.On Motion For Rehearing And Certification[Original Opinion at 30 Fla. L. Weekly D2174a]

(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.)

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