Attorney achieved dismissal for defendant insurance company for lack of personal jurisdiction

Attorney achieved dismissal for defendant insurance company for lack of personal jurisdiction. Plaintiff filed suit against defendant in Delaware seeking subrogation of PIP benefits paid on behalf of its insured as a result of a motor vehicle accident which occurred in Delaware. In Delaware, the PIP insurer, by statute, has a right to subrogate against the insurer of the tortfeasor to the limits of the liability policy remaining after the tortfeasor's direct claims are resolved. Exceptions to this apply if the tortfeasor is uninsured or self-insured; however, those exceptions did not apply in this case. Defendant is a foreign governmental entity which does not do business in Delaware and has no contacts with Delaware except that, in this case, the accident involving its insured occurred in Delaware. Therefore, the argument presented on behalf of defendant was that defendant lacked sufficient contacts with Delaware as required under Delaware's long arm statute, 10 Del. C. § 3104, for Delaware courts to maintain jurisdiction over MAIF in an action for subrogation. The Court agreed, ruling in line with courts in Pennsylvania, New York and New Jersey, and dismissed Plaintiff's suit. Plaintiff did not appeal.