6 Fla. L. Weekly Supp. 280a
Jurisdiction — Insurance — Action alleging insurer breached insurance contract by refusing to pay full amount of insured damages sustained by plaintiffs as result of dismasting of their vessel in international waters and subsequent repair of vessel in Europe, and by misrepresenting that the insurance contract is an indemnity policy, thereby casting initial burden for payment upon the plaintiffs — Motion to dismiss for forum non conveniens denied — Complaint dismissed without prejudice on ground that plaintiff failed to plead residency requirements
SLOAN FINANCIAL CORPORATION, a corporation, and SLOAN MAURAN, an individual, Plaintiffs, v. UNDERWRITERS AT LLOYD’S, LONDON, and those certain other Underwriters subscribing to Policy Number 97YP7016 and Certificate Number 039826/04, Defendants. 17th Judicial Circuit in and for Broward County. Case No. 98-392 (09). January 13, 1999. Robert Lance Andrews, Judge.
Motion to dismiss amended complaint granted at 6 Fla. L. Weekly Supp. 508a
ORDER ON DEFENDANTS’ MOTION TO DISMISS FOR FORUM NON CONVENIENS
THIS CAUSE came before the Court upon Defendants’ Motion to Dismiss for Forum Non Conveniens. This Court, after having reviewed the court file, read the briefs, heard argument of counsel, considered all applicable law, and being fully advised in the premises, finds and decides as follows:
Plaintiffs, SLOAN FINANCIAL CORPORATION (SFC)1 and SLOAN MAURAN (SLOAN)2 allege that on December 16, 1997, their vessel, the Beaugeste, dismasted in international waters off the coast of Africa while on a voyage to Florida.3 Substantial damage resulted, causing the captain and crew of the Beaugeste to have the vessel recovered and returned to Europe for repairs. Thereupon, Plaintiffs timely filed a claim for that peril with their insurance company, Defendants UNDERWRITERS AT LLOYD’S, LONDON, (UNDERWRITERS) and those certain other Underwriters subscribing to Policy Number 97YP7016 and Certificate Number 039826/04, pursuant to a maritime insurance policy in effect at that time. Now, according to the Plaintiffs, UNDERWRITERS have breached their contractual obligations by: (1) refusing to pay the full amount of the insured damage sustained by Plaintiffs; and (2) misrepresenting to the insured that the insurance contract is an indemnity policy, thereby casting the initial burden for payment upon the Plaintiffs.
In response, UNDERWRITERS filed a Motion to Dismiss for Forum Non Conveniens, contending that progress payments had been made as repairs were completed, and that the only existing issues are the extent of the damage incurred by the insured vessel, and whether such damage constitutes a peril covered by the policy. In addition, as anticipated by the Plaintiffs in the Complaint, Defendants requested a change of venue from the state of Florida to either Europe or Canada, arguing that: (1 ) there is a previous action between the same parties pending in a Canadian court; (2) all surveys and repairs took place in Europe; (3) there are no witnesses or parties possessing pertinent records located in Florida; (4) SLOAN is a Canadian citizen; (5) the Defendant company is based in England; (6) the only connection with Florida is that the insurance policy was delivered here to Richard Mauran, the loss payee on the policy; and (7) Richard Mauran is not a resident of Florida. After carefully evaluating all of the above claims, this Court, sua sponte, finds that the Complaint should be dismissed without prejudice, but for a different reason than the one suggested by the Defendants.
As a matter of law, a pleading which sets forth a claim for relief must state a cause of action and shall contain “a short and plain statement of the grounds upon which the court’s jurisdiction depends . . . [.]” FLA.R.CIV.P. 1.110(b). In the instant case, Richard Mauran, as the representative of SFC, stated in his Affidavit that he maintains dual citizenship in Switzerland and Canada, but that he has not been a Canadian resident since 1977. Mr. Mauran further maintains that he spends approximately three to four months in Florida each year; however, at no time has Mr. Mauran revealed where he has established legal residency. Without Plaintiffs pleading the residency requirements, this Court is without jurisdiction to hear this cause.
Accordingly, it is hereby
ORDERED AND ADJUDGED that Defendants’ Motion to Dismiss for Forum Non Conveniens is DENIED. However, it is further ORDERED AND ADJUDGED that the Complaint is DISMISSED without prejudice, allowing the Plaintiffs twenty days from the rendition of this Order to amend the pleading with the jurisdictional requirements.
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1SFC is a Liberian corporation, and the loss payee of the subject insurance policy. SFC is represented by Richard Mauran, its sole officer and shareholder.
2SLOAN is a Canadian citizen, and the daughter of Richard Mauran.
3Plaintiffs allege, in their Complaint, that the Beaugeste spends three to four months per year traveling in Florida’s waters.
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