## Facts

- A June 1995 automobile collision killed the other driver, Gary Sokoloski, and passenger Rosemarie Widoff; Gerson and Betty Widoff were seriously injured.
- Golden Rule insured Gerson and Betty under a health policy and paid approximately $184,215.86 for Gerson’s medical expenses and $48,011.85 for Betty’s.
- A settlement with Sokoloski’s auto insurer paid $1,000 each to Gerson, Betty, Valanna Widoff, and another passenger, and $296,000 to Rosemarie’s estate.
- Gerson served as personal representative of Rosemarie’s estate (a Florida estate) and was allegedly a beneficiary under Rosemarie’s will.
- Golden Rule alleged the settlement was structured to minimize the insureds’ direct recovery and shift funds to the estate, thereby defeating Golden Rule’s contractual reimbursement rights.
- Golden Rule sued in Illinois asserting (1) breach of a reimbursement/subrogation clause and (2) fraud, and sought to enjoin the Florida personal representative from distributing estate assets.

## Issues

1. Whether an Illinois court may exercise personal jurisdiction over a foreign personal representative, in that representative capacity, to enjoin distribution of assets of a foreign estate.

## Decision

- The appellate court affirmed dismissal of the claim against Gerson in his capacity as personal representative of the Florida estate.
- Illinois lacked personal jurisdiction over the foreign personal representative for purposes of regulating the administration and distribution of a Florida estate.
- Contacts attributable to Gerson individually (residency, injuries, settlement involvement) did not establish minimum contacts for jurisdiction over him in his representative capacity.

## Legal Principles

- Personal jurisdiction analysis distinguishes between an individual’s personal capacity and representative capacity; jurisdictional contacts in one capacity do not automatically transfer to the other.
- A foreign personal representative is generally not subject to suit outside the appointing state regarding estate administration absent statutory authorization or sufficient capacity-specific minimum contacts.
- Allegations of inequitable conduct or fraud do not create personal jurisdiction where due process minimum contacts are lacking.
- Courts should not use injunctive relief to control the internal administration or distribution of assets of a foreign probate estate when the appointing state’s probate court has primary authority.

## Conclusion

The court held that Illinois could not enjoin a Florida estate’s personal representative from distributing estate assets because the representative, in that capacity, lacked sufficient Illinois contacts and Illinois courts lack authority to control administration of a foreign estate absent an adequate jurisdictional basis.


Golden Rule Ins. Co. v. Widoff, 292 Ill. App. 3d 907, 683 N.E.2d 541 (Ill. App. Ct. 2d Dist. 1997)