Why Trust This Analysis
This article is part of our ongoing jurisdiction coverage, with 12 published articles analyzing jurisdiction issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
Understanding Jurisdictional Limitations in New York Insurance Cases
New York courts operate under strict jurisdictional rules when it comes to out-of-state insurance companies. For a court to have authority over an insurance carrier, that company must typically have sufficient connections to New York State through licensing, business operations, or other legal requirements. This principle becomes particularly important in no-fault insurance disputes where carriers attempt to challenge New York court jurisdiction.
The case below illustrates how insurance companies can successfully argue lack of jurisdiction when they have no meaningful ties to New York. This defense strategy contrasts with situations where carriers inadvertently waive jurisdictional objections through their conduct, such as placing phone calls or making appearances in New York proceedings.
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Metro Health Prods., Inc. v Access Gen. Ins. Co., 2014 NY Slip Op 50348(U)(App. Term 2d Dept. 2014)
“In an affidavit in support of the motion, defendant’s litigation specialist asserted that defendant is a Georgia-based corporation, which is not authorized to conduct business in New York State, does not issue or deliver contracts of insurance to New York State residents or to corporations authorized to do business in New York, does not solicit applications for contracts of insurance within New York State, does not have a power of attorney on file with the State of New York, has not filed a consent to service or declaration that its insurance policy be deemed in compliance with New York Vehicle and Traffic Law § 311 and does not control any New York State authorized company.”
No jurisdiction for out-of-state non licensed or credentialed insurance carrier in the state of New York
Key Takeaway
Insurance carriers can successfully defeat New York court jurisdiction by demonstrating they have no business presence, licensing, or regulatory compliance in the state. However, carriers must be careful not to inadvertently waive this defense through their subsequent conduct in the litigation.
Legal Update (February 2026): Since this 2014 post, New York’s jurisdictional requirements for out-of-state insurance carriers may have evolved through legislative amendments, court rule changes, or updated interpretations of personal jurisdiction standards. Practitioners should verify current jurisdictional provisions under Vehicle and Traffic Law § 311 and related statutes, as well as recent appellate decisions that may have clarified or modified the standards for establishing court authority over non-resident insurers.
Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
If you need legal help with a jurisdiction matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.
