Attorney obtained dismissal of a Complaint brought directly against the defendant tortfeasor's out of state automobile liability insurance carrier

Attorney obtained dismissal of a Complaint brought directly against the defendant tortfeasor's out of state automobile liability insurance carrier. The plaintiff sought a declaration from the court that the defendant insurance carrier improperly disclaimed coverage to its own insured, the defendant tortfeasor, in response to the plaintiff's personal injury claim against the defendant tortfeasor arising from an out of state motor vehicle accident. The defendant insurance carrier conducted an investigation, which revealed that its insured had not been residing in the state at the time the insured applied for insurance, a pre-condition to the insured's entitlement to coverage under the policy. Pursuant to the specific authority granted to the defendant insurance carrier by the state legislature, after discovering that the insured had misrepresented that he was a state resident on his policy application, the carrier disclaimed coverage to the insured under the relevant policy ab initio. Among the arguments made in support of the motion to dismiss, were that the plaintiff lacked standing to bring its action against the tortfeasor's insurer, the court lacked jurisdiction over this particular insurer since the insurer lacked the necessary minimum contacts with the out of state and an argument, unique to this particular insurance carrier, that the court should recognize this carrier's entitlement to sovereign immunity from the plaintiff's claim under the laws of the state, given the insurer's status as a public agency under the laws of the state.