RANDOLPH, Presiding Justice, for the Court:
¶ 1. In this interlocutory appeal, we are asked to determine whether the Circuit Court of Rankin County abused its discretion by denying the defendants' motion to transfer venue to the Circuit Court of Smith County. We find that Plaintiff Safeway Insurance Company ("Safeway") failed to demonstrate sufficient facts to support a finding that venue is proper in Rankin County. Therefore, we reverse the order of the circuit court and remand this action with instruction to transfer the case to a permissible venue.
¶ 2. Defendant Pam Wood ("Pam") applied for automobile insurance provided by Safeway at the office of an independent insurance agent in Covington County, Mississippi. The application was for a policy to cover two vehicles owned by Pam and her husband, David. The insurance agent faxed the application from Covington County to Safeway's Rankin County office, where Safeway approved the application. Safeway alleges that subsequent renewal activities also took place at its Rankin County office.
¶ 3. During the effective dates of the policy, Pam's and David's fourteen-year-old
¶ 4. Shortly thereafter, Safeway filed suit against Pam, David, Jacob, and their two adult sons, Josh and Justin, in the Circuit Court of Rankin County. Safeway's complaint seeks: (1) declaratory judgment that the insurance contract is void ab initio due to misrepresentations that were made at the time the contract was entered into,
(Emphasis added.)
¶ 5. The Woods, all residents of Smith County, filed a motion to transfer venue from Rankin County to Smith County. The Woods argued that venue was not proper in Rankin County, because no defendant resided in Rankin County and the allegations contained in Safeway's complaint did not establish that a "significant act or omission" or "substantial event causing injury" occurred in Rankin County, as contemplated by Mississippi's venue statute. The circuit court denied the Woods' motion, and the Woods petitioned this Court for permission to file an interlocutory appeal, which we granted.
¶ 6. We review "a trial court's grant or denial of a motion for change of venue for an abuse of discretion, but questions of law, such as interpretation of the general venue statute, are reviewed de novo." Laurel Ford Lincoln-Mercury, Inc. v. Blakeney, 81 So.3d 1123, 1125 (Miss.2012) (citations omitted).
¶ 7. Mississippi's general venue statute, Mississippi Code Section 11-11-3, reads in pertinent part as follows:
Miss.Code Ann. § 11-11-3(1)(a)(i) (Rev. 2004). All agree that the defendants reside in Smith County. Thus, under [1], Smith County is a permissible venue. The county where a substantial event (car accident) that caused injury occurred also is Smith. Thus, under [3], Smith County is a permissible venue. Since all defendants reside in Smith County, and the accident occurred in Smith County, venue would be proper in Rankin County only if that county is "where a substantial alleged act or omission occurred[,]" under [2].
¶ 8. In its "Complaint for Declaratory Relief and Determination of Insurance Policy as Void," Safeway requested judicial determination of the invalidity of an insurance contract or, in the alternative, construction of its terms (specifically, its exception to coverage for uninsured drivers driving the car with the owner's permission).
¶ 9. Safeway's complaint fails to allege sufficient facts that a substantial act or omission by any of the defendants occurred in Rankin County. In its complaint, Safeway, a non-resident corporation,
¶ 10. Moreover, no support can be found in the record that Pam delivered, submitted, communicated, or made alleged misrepresentations in Rankin County, and no similar claim is made against any other defendant. The record reveals that Pam submitted an application for insurance to an agent in Covington County and conducted her business at the agent's office in Covington County. It was the agent who faxed documents to Safeway's office. The complaint does not allege that Pam conducted any business at Safeway's Rankin County office or sought to avail herself of the jurisdiction of Rankin County in any other way. We conclude that Safeway has failed to establish that its receipt of the application was a substantial act to establish venue in Rankin County.
¶ 11. While it is true that, "[o]f right, the plaintiff selects among the permissible
¶ 12. In Hedgepeth, we declared that the "two venue options [of where a substantial alleged act or omission occurred and where a substantial event causing the injury occurred] focus on the alleged acts or omissions of the defendants." Id. (emphasis added). We specifically have provided that "where the ... basis of the suit is an act or omission by a party, venue may lie in the county in which that party's act or omission took place, not the county in which the plaintiff acted." Holmes v. McMillan, 21 So.3d 614, 619 n. 5 (Miss. 2009) (emphasis added) (citation omitted). "[S]imply experiencing the effects of an act or omission in a county is insufficient to establish venue." AFLAC v. Ellison, 4 So.3d 1049, 1051 (Miss.2009) (citation omitted).
¶ 13. In Holmes, we found that, in determining venue for a claim that an insurer breached a contract by denying coverage, "the relevant acts ... are those associated with the denial of the claim. The record clearly establishes that the decision to reject the plaintiff's settlement demand was made in Alabama, and ... [n]othing in the record ... suggests that the rejection of the settlement demand was connected to [the plaintiff's home county]." Id. at 619. The relevant acts for purposes of Safeway's lawsuit are those associated with Pam Wood's alleged misrepresentations in an insurance application, which occurred in Covington County, and her allegedly allowing an unlicensed driver to drive the insured vehicle in Smith County.
¶ 14. Similarly, in Myers, the relevant actions for venue purposes were the defendant-insurer's actions related to its decision not to renew an insurance policy, and actions by the plaintiff, including receipt of mail, were an "insufficient basis for establishing venue." Myers, 956 So.2d at 218-19. The Myers Court found that the plaintiff's receipt of communications in its home county was "a passive function of [its] presence there" and that the plaintiff was "suing [the defendant] based on [the defendant's] own acts or omissions, all of which occurred in Madison County." Id. at 219. The Myers Court further discussed whether subsequent acts or effects of a defendant's alleged wrong were "substantial" so as to establish venue, as follows:
Id. at 219-20 (emphasis added). As in Myers, Safeway's receipt and reliance of communications in Rankin County was a passive function of its presence there, for Safeway is suing the defendants based on the acts or omissions of Pam and/or David Wood, all of which occurred either in Covington County or Smith County. Safeway's receipt of and claimed reliance in Rankin County — i.e., where the plaintiff "experienced" the misrepresentations — is not a substantial alleged act to establish venue.
¶ 15. In Hedgepeth, the plaintiff's county of residence was a permissible venue, but only because the plaintiff's claim was based in part on actions by the defendants at the plaintiff's residence (i.e., not because the plaintiff resided or had received mail there). Hedgepeth, 975 So.2d at 240. Safeway has not demonstrated that Pam or David Wood substantially acted or failed to act in Rankin County. Rather, Safeway's complaint seeks a declaration that the contract is void ab initio for wrongful acts originally committed in Covington County or that it is not liable for wrongful acts occurring in Smith County.
¶ 16. Safeway did not establish sufficient facts to support its claim of venue in Rankin County. Accordingly, we reverse the Rankin County Circuit Court's order denying the defendants' motion to transfer venue, and remand this action with instruction to transfer the case to a permissible venue, consistent with this opinion.
¶ 17.
WALLER, C.J., DICKINSON, P.J., LAMAR, KITCHENS, CHANDLER, PIERCE AND KING, JJ., CONCUR. COLEMAN, J., NOT PARTICIPATING.
Miss. R. Civ. P. 57(b)(1).