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ONEBEACON AMERICA INSURANCE COMPANY v. NEWMONT MINING CORPORATION

2378, 601382/08, 2379.

82 A.D.3d 554 (2011)

918 N.Y.S.2d 470

ONEBEACON AMERICA INSURANCE COMPANY et al., Plaintiffs, v. NEWMONT MINING CORPORATION et al., Respondents, and AMERICAN HOME ASSURANCE COMPANY et al., Appellants, et al., Defendants. ONEBEACON AMERICA INSURANCE COMPANY et al., Appellants-Respondents, et al., Plaintiff, v. NEWMONT MINING CORPORATION et al., Defendants, and ALLSTATE INSURANCE COMPANY et al., Respondents, and CERTAIN UNDERWRITERS AT LLOYD'S, LONDON, et al., Respondents-Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 17, 2011.

With regard to the first order under review, assuming arguendo that New York has general jurisdiction over Newmont, it does not have jurisdiction over Dawn as a mere department of Newmont. As stated in the case on which plaintiffs and the insurer defendants primarily rely, "New York courts regard one factor as essential to the assertion of jurisdiction over a foreign related corporation ... Th[at] essential factor is common ownership...

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