PENNSYLVANIA HLT. & LIFE INS. GUARANTY ASS'N v. Superior Ct.

Procopio, Cory, Hargreaves & Savitch, Gary Kennedy, Thomas R. Laube, Paul B. Wells, Gray, Cary, Ames & Frye, Terri P. Durham, Harvey, Pennington, Herting & Renneisen and James M. Brogan for Real Parties in Interest.

OPINION

NARES, J.

Plaintiff Kathleen A. Laughlin (Kathleen) brought this action against petitioner Pennsylvania Health & Life Insurance Guaranty Association (PHLIGA) and others, [1] seeking to recover as a beneficiary of her deceased husband David Laughlin's (David) life insurance policy issued by a Pennsylvania insurance company which later became insolvent. PHLIGA seeks a writ of mandate directing the respondent court to grant PHLIGA's motion to quash service of summons for lack of personal jurisdiction. Because PHLIGA does not have minimum contacts with California, did not consent to be sued in this state, and stands in a different position from its failed insurer for jurisdictional purposes, California cannot constitutionally exercise jurisdiction over PHLIGA. We therefore grant the petition.

In 1983, the Life Assurance Company of Pennsylvania (LACOP) issued a $100,000 life insurance policy to David, a California resident. From 1985 through January 1991, David…