Wilbur Lorn Davis v. American Family Mutual Insurance Company, a Corporation

Plaintiff-appellant, Wilbur Lorn Davis, appeals from the district court’s order dismissing his complaint on the ground that the district court lacked personal jurisdiction over the defendant-appellee, American Family Mutual Insurance. We affirm.

I

Davis’ complaint against American Family alleges that it breached the covenant of good faith and fair dealing when it failed to settle an insurance claim within the policy limits. The insurance claim at issue arose out of a car accident in the state of North Dakota. Davis was injured in the car accident when his truck collided with a car driven by Lee Krogen. Krogen was a resident of North Dakota and was insured by American Family. After the accident Davis returned to his home in Montana.

On November 22, 1988, Davis filed a lawsuit against Krogen in North Dakota. Davis’ attorney informed American Family that Davis filed the lawsuit “simply to obtain service on Krogen at this time.” Davis’ attorney further stated that it was not necessary for American Family to turn the case over to a defense attorney.

American Family hired General Adjustment Bureau (GAB), an independent multi-state adjusting firm, to investigate and adjust Davis’…