Tri-West Insurance Services, Inc. v. Seguros Monterrey Aetna, S.A.

Good Law
2000 Cal. App. LEXIS 129·2000 Daily Journal DAR 2075·78 Cal. App. 4th 672·93 Cal. Rptr. 2d 78·2000 Cal. Daily Op. Serv. 1498
Court of Appeal of CaliforniaJanuary 26, 2000No. B132298California2,483 words

Opinion

Lead Opinion

Armstrong, J.

Tri-West Insurance Services, Inc. (Tri-West), an insurance broker, appeals from the dismissal of its cross-complaint against Seguros Monterrey Aetna, S.A. (SMA), a Mexican insurance company, in *675 litigation instigated by a Tri-West client, Swat-Fame, Inc. (Swat-Fame). We agree with the trial court that SMA did not have the requisite minimum contacts with this state for the assertion of jurisdiction, and so affirm the dismissal.

Facts

Swat-Fame is a clothing manufacturer which maintains factories in Mexico. In 1995, Swat-Fame contacted Tri-West, seeking transit insurance to cover goods being transported to and from Mexico. Tri-West contacted Peter Ribbens and the Ribbens Insurance Agency (Ribbens) in San Diego, and through Ribbens obtained a policy from SMA. Swat-Fame made its premium payments to Tri-West, for transmission to SMA. According to the allegations of Tri-West’s cross-complaint, Ribbens invoiced Tri-West for the payments.

In October of 1996, Swat-Fame suffered a loss in Mexico and made a claim under the policy. SMA informed Swat-Fame that it had never received any premium payments and that the policy had long since been cancelled.

In October of 1997,…

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