An Ontario resident plaintiff injured in a motor vehicle accident in New York commenced an action in Ontario against the New York driver and his own Ontario insurer under uninsured and underinsured motorist coverage provisions.
The moving party sought dismissal or a stay for lack of jurisdiction.
Applying the real and substantial connection test articulated in Club Resorts Ltd. v. Van Breda, the court held that the plaintiff’s insurance contract was not a contract connected with the dispute and any potential liability under the policy was speculative and contingent.
The plaintiff could not rely on a secondary claim against his own insurer to establish jurisdiction over a foreign defendant.
Alternatively, even if jurisdiction existed, New York was the more appropriate forum.
