August v. HBA Life Insurance

I cannot agree with the majority’s conclusion that the requisite due-process requirements have been met to subject HBA to in personam jurisdiction. As the majority recognizes, the only possible contact between HBA and Virginia is the “elimination rider” which was mailed by the insurance company to the Augusts’ Virginia res*174idence and to which the Augusts never responded. I agree with the bankruptcy judge that this contact was insufficient to trigger Virginia’s Long-Arm statute and I, therefore, dissent.

Although Sharon August filed her claim for medical expenses after the Augusts had…