Michael Pugh, II and Alaina Pugh v. ASI Preferred Insurance Corporation
The Second District reversed the dismissal of a homeowners' breach of contract suit against their insurer on forum non conveniens grounds. Because the plaintiffs filed in a statutorily permissible venue — the county of the insurer's principal place of business — the burden shifted to the insurer to prove by affidavit or sworn proof that substantial inconvenience, undue expense, or the interest of justice required a transfer. The insurer offered no such evidence, making the dismissal an abuse of discretion.
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