ROBERT S. LASNIK, District Judge.
This matter comes before the Court on "Defendant Assurant, Inc.'s Motion to Dismiss." Dkt. # 16. Plaintiff alleges that Assurant participated in a scheme to charge him and similarly-situated mortgagors excessive insurance premiums for unnecessary, unauthorized, or duplicative coverage. Assurant seeks dismissal of plaintiff's claims for lack of subject matter jurisdiction, lack of personal jurisdiction, and failure to state a claim. Having reviewed the memoranda, declarations, and exhibits submitted by the parties, the Court finds as follows:
Assurant argues that plaintiff lacks Article III standing because he cannot show causation or redressibility.
Assurant challenges the veracity of plaintiff's allegations, however, essentially denying that it had any role in the events that caused plaintiff's loss. Assurant has submitted declarations asserting that it is merely a holding company, it is not an insurance company, it did not issue the policy purchased on plaintiff's behalf, it has never contracted with Capital One to provide services related to lender-placed insurance, it does not set policy terms for policies issued by Voyager, it does not participate in, direct, or control Voyager's issuance of insurance policies, and it has never paid Capital One a commission in connection with force-placed insurance. The evidence also shows, however, that Assurant is the great-grandparent corporation of defendant Voyager and indirectly owns 100% of its shares. More importantly, Assurant owns the trade name "Assurant Specialty Property" and allows other companies, including Voyager, to conduct business using that name. "Assurant Specialty Property" apparently has employees whose duties include managing lender-placed insurance and monitoring insurance policies for Capital One as a means of ensuring that borrowers comply with the lender's insurance requirements. The evidence produced by Assurant suggests, in keeping with plaintiff's allegations, that "Assurant Specialty Property" evaluated plaintiff's compliance with the insurance requirements imposed by Capital One and handled the communications with plaintiff regarding the perceived inadequacies. Given the seemingly captive relationship between Assurant and "Assurant Specialty Property," the latter's active participation in the events giving rise to plaintiff's claims, and plaintiff's allegations, it appears at this juncture that there is an actual case or controversy between the parties and plaintiff has standing to sue.
Plaintiff has the burden of demonstrating that the Court may exercise personal jurisdiction over Assurant.
Pursuant to Fed. R. Civ. P. 4(k)(1)(A), federal courts ordinarily follow state law when determining the extent to which they can exercise jurisdiction over a person.
In order to justify the exercise of jurisdiction over a non-resident under the federal constitution, plaintiff must show that Assurant had "certain minimum contacts with [the forum] such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice."
Assurant asserts that plaintiff's attempted service at an office in Florence, South Carolina, was ineffective because Voyager, not Assurant, operates out of that site. Plaintiff failed to respond to this argument and has offered no evidence suggesting that service was effective. Dismissal is therefore appropriate under Fed. R. Civ. P. 12(b)(5).
In the alternative, Assurant requests dismissal under Fed. R. Civ. P. 12(b)(6) for the reasons set forth in Voyager's motion (Dkt. # 15). Plaintiff has withdrawn his RICO and fraud claims, and the unjust enrichment claim fails because there are no allegations that give rise to a plausible inference that Assurant was unfairly benefited.
For all of the foregoing reasons, Assurant's motion to dismiss (Dkt. # 16) is GRANTED. Plaintiff's RICO, fraud, and unjust enrichment claims are hereby DISMISSED with prejudice.