26 Fla. L. Weekly Supp. 301a
Online Reference: FLWSUPP 2604ROMAInsurance — Venue — Forum selection clause — Where policy provision requiring any legal action against insurer to be brought in county and state where covered person lived at time of accident is valid and enforceable, and insurer did not waive its rights under clause, motion to transfer venue to county where assignor/insured resided at time of accident is granted
EMERGENCY PHYSICIANS INC., d/b/a Emergency Resources Group, As assignee of Tiara Roman, Plaintiff, v. GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY, Defendants. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2017 35544 COCI, Division 84. June 18, 2018. Dawn Fields, Judge. Counsel: K. Doug Walker, Bradford Cederberg, P.A., Orlando, for Plaintiff. James C. Rinaman, Dutton Law Group, Jacksonville, for Defendant.
ORDER GRANTING DEFENDANT’S AMENDEDMOTION TO DISMISS FOR LACK OF VENUE, OR IN THEALTERNATIVE, MOTION TO TRANSFER VENUEFOR FAILURE TO COMPLY WITH MANDATORYFORUM SELECTION CLAUSE WITHINCORPORATED MEMORANDUM OF LAW
THIS CAUSE having come before the Court on April 27, 2018, upon several motions bought by the parties1 and the Court having considered the above-referenced Motion , Supplemental Case Law, Supplemental Authority, Defendant’s Memorandum, and being persuaded by the Order Transferring Venue to Clay County, filed in Emergency Physicians, Inc. DBA Emergency Resources Group A/A/O Kathy Nolan, Plaintiff, vs. Garrison Property and Casualty Insurance Group, Defendant, County Court, 7th Judicial Circuit in and for Volusia county, Case No 20017-20778 CONS, A. Christian Miller, Judge and being otherwise fully advised, finds that the forum selection clause in the subject policy is valid, enforceable, not ambiguous, mandatory, and that the Defendant has not waived its rights under the clause. The Court finds further that the Plaintiff, as assignee, has inherited the duties and obligations of the contract and therefore is bound by its terms and conditions.
The Court therefore, GRANTS the Defendant’s Motion and the case is to be transferred to Duval County.
IT IS FURTHER ORDERED AND ADJUDGED, that the Defendant, pursuant to Florida Statute 47.191, is hereby taxed with the costs of the transfer of the case.
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1The Notices of Hearing , filed March 2, 2018, and April 20, 2018, set 7 Motions for Hearing for April 27, 2018. The Parties stipulated, and the court agree, to hear only the one motion referenced in this Order.
