Civil Litigation

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State of Florida, Department of Insurance v. Accelerated Benefits Corp.

27 Fla. L. Weekly D1378 (Fla. 4th DCA June 21, 2002)

The Home Venue Privilege of a state agency provides that actions against the agency are to be brought in the county where that agency maintains its principle headquarters, however, the privilege is not absolute. Where a governmental entity is sued as a joint tortfeasor, strict adherence to the privilege could lead to duplicated litigation. In this case, the court held that the home venue privilege must give way because the Department of Insurance was named as an impleader in supplementary proceedings in an action that had already begun in a different venue. The court found that transfer of venue would result in new and additional litigation in a different court and would not further policy considerations of the home venue privilege.

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