DeLoach v Assurant

Holding The court affirmed the dismissal of the complaint because the plaintiff failed to establish that proper service of process was effectuated on the defendant. Since the affirmations of service did not demonstrate that the summons was delivered to an authorized agent of the correct entity, personal jurisdiction was never acquired.

The court’s words

Since the affirmations of service failed to establish, prima facie, proper service on defendant, no personal jurisdiction was ever acquired over defendant

2026 NY Slip Op 51300[U], at the official text

The affirmation of Expat's manager makes clear that Expat was not, nor was it ever, affiliated with Assurant, Inc., and service upon it was made by mistake

2026 NY Slip Op 51300[U], at the official text

Plaintiff's assertion that 28 Liberty Street is listed as Assurant, Inc.'s office in its public filings is not supported by the document submitted by plaintiff

2026 NY Slip Op 51300[U], at the official text