In United Medical, LLC, a/a/o Roberto Prin v. Progressive Preferred Insurance Company, et al., No. 3D23-01 (Fla. 3d DCA Jan. 17. 2024), the Third District Court of Appeal reviewed an order granting an out-of-state insurer’s motion to dismiss based on a lack of personal jurisdiction under the test established in Venetian Salami Co. v. Parthenais, 554 So. 2d 499, 502 (Fla. 1989). The Court determined that Plaintiff met the first element of the test by alleging as a statutory basis for jurisdiction that the insurer was licensed to transact business in Florida and maintained agents there to do so.  However, the out-of-state insurer presented a legally sufficient affidavit averring that it was incorporated in and a resident of Ohio and did not conduct business in Florida.  Thus, the burden shifted to Plaintiff to produce an opposing affidavit or other sworn proof establishing the basis of jurisdiction. The Third District held that Plaintiff “acted at its own peril“ by electing to rely on three website pages that did not refute the sworn affidavit, obligating the trial court to grant the motion to dismiss. View the full opinion here.