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American Economy Insurance Co. v. Felts12/6/2001
FOR PUBLICATION
OPINION-FOR PUBLICATION
Appellant-defendant American Economy Insurance Company (American Economy) appeals the trial court's dismissal of its declaratory judgment action against Genia Fox, Michael Felts, USAA Casualty Insurance Company (USAA Casualty), and Madison Mutual Insurance Company (Madison Mutual). More specifically, American Economy contends that the trial court should not have dismissed on the basis of personal jurisdiction because the trial court has personal jurisdiction over three of the defendants. American Economy also asserts that no dismissal should have been granted on the basis of forum non conveniens, comity, or the appropriateness of declaratory relief.
FACTS
Fox, an Illinois resident, purchased a van from an automotive dealership in St. Louis, Missouri. The dealership could not perform the customizing work Fox wanted, so it recommended that she take her van to Bodor Corporation d/b/a Explorer Vans in Warsaw, Indiana. On June 19, 1999, Fox and Felts, her boyfriend who is also an Illinois resident, drove her newly purchased van to Bodor Corporation for the customizing work. Upon receiving Fox's van, Bodor Corporation provided a loaner van for Fox and Felts. On the return trip to Illinois, Felts drove the van off the road, injuring Fox who rode as a passenger. The accident occurred in Kosciusko County, Indiana.
Less than five months later, Fox filed a personal injury action against Felts in Illinois . Shortly thereafter, on August 28, 2000, Fox filed a declaratory judgment action in Illinois against Felts, USAA Casualty, Madison Mutual, and American Economy. According to her declaratory claim, Fox sought a finding on the existence and priorities of all liability coverage available to her as a result of the automobile accident. USAA Casualty provided Felts bodily-injury liability coverage. Madison Mutual provided Fox bodily- injury liability coverage. American Economy insured the van, which the Bodor Corporation loaned Fox and Felts, under an Indiana garage liability policy.
On October 6, 2000, American Economy filed a complaint for declaratory relief in the Kosciusko Circuit Court. American Economy requested that the trial court enter a judgment declaring that it did not owe insurance coverage to any of the appellees "for any reason arising out of the automobile accident." Appellant's App. at 197. In response, Fox filed a motion to dismiss, asserting: 1) the trial court lacked personal jurisdiction over her; 2) American Economy's complaint for declaratory relief was inappropriate; and 3) a case involving the same parties, facts, and insurance policies was already pending in an Illinois court. Madison Mutual also filed a motion to dismiss, claiming that the trial court lacked personal jurisdiction over it and that principles of comity favored dismissal. Soon thereafter, USAA filed its own motion to dismiss contending that: 1) the trial court lacked personal jurisdiction over it; 2) American Economy's complaint for declaratory relief was inappropriate; 3) Illinois was a more convenient forum; and 4) principles of comity favored dismissal. Felts joined Fox's and USAA's motions to dismiss.
After conducting a hearing on the motions, the Kosciusko Circuit Court granted the motions to dismiss filed by all the defendants. In so doing, the trial court dismissed the action with prejudice without explanation. American Economy now appeals the dismissal of its declaratory action.
DISCUSSION AND DECISION
The trial court did not state the reasons for its dismissal of American Economy's declaratory action. Where a trial court does not state the reasons for dismissal in its entr
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