Daewoo Motor America, Inc. v. Dongbu Fire Insurance

ORDER DENYING MOTION TO DISMISS

This matter comes before the Court on the defendant’s motion to dismiss the plaintiffs first amended complaint for insufficiency of service of process. After reviewing and considering the materials submitted by the parties, and hearing oral argument, the Court adopts the following Order.

I. Background

The defendant in this action, Dongbu Fire Insurance Company, Ltd. (“Dongbu”), moves this Court to dismiss the plaintiffs first amended complaint (“FAC”) on the grounds that service of process by the plaintiff Daewoo Motor America, Inc. (“DMA”) is insufficient to confer jurisdiction over Dongbu. Dongbu is a Korean corporation with its principal place of business in Seoul, Korea. (Defs Mot. at 3.)

The FAC alleges that the defendant delivered an insurance policy to DMA in California that covered risks to automobiles that were known or expected to be in California. (FAC ¶ 9.) Specifically, Dong-bu issued an open cargo insurance policy to DMA that was in effect from July 25, 2000 until July 25, 2001. (Pi’s Mot. at 3.) The FAC alleges that approximately 400 automobiles which were owned by DMA were damaged by flooding while at the Port of Los Angeles on…