Security Mutual Life Insurance Company v. Henry Prewitt
| Decision Date | 19 February 1906 |
| Docket Number | No. 178,178 |
| Citation | 26 S.Ct. 314,200 U.S. 446,50 L.Ed. 545 |
| Parties | SECURITY MUTUAL LIFE INSURANCE COMPANY, Plff. in Err. , v. HENRY R. PREWITT, Insurance Commissioner of the State of Kentucky |
| Court | U.S. Supreme Court |
The plaintiff in error seeks by this writ to review the judgment of the court of appeals of Kentucky, reversing the judgment of the court below and dismissing the petition of plaintiff in error. The trial court granted such petition, which was to cancel the revocation, by the state insurance commissioner, of the permit granted by him to the plaintiff in error to do business in the state.
The facts are as follows: The company is an insurance company, existing under the laws of the state of New York, and having its principal office in the city of Binghamton, in that state. In the year 1900 the company, pursuant to the laws of the state of Kentucky, applied to the insurance commissioner of that state for a permit to do business therein, and it was granted for one year from the date of such permit, which was annually renewed thereafter. On July 1, 1904, it was renewed for the last time, and the permit contained a statement that it was granted for one year, provided it was not sooner revoked. Section 635, Kentucky Statutes, provides that these licenses or permits must be renewed annually. At the time of the first application by the company for admission (A. D 1900), the following statute of Kentucky was, and it ever since has been, in existence. It is known as § 631, Kentucky Statutes. The section reads as follows:
'Before authority is granted to any foreign insurance company to do business in this state it must file with the commissioner a resolution adopted by its board of directors, consenting that service of process upon any agent of such company in this state or upon the commissioner of insurance in this state, in any action brought or pending in this state, shall be a valid service upon said company; and, if process is served upon the commissioner, it shall be his duty to at once send it by mail, addressed to the company at its principal office; and if any company shall, without the consent of the other party to any suit or proceeding brought by or against it in any court of this state, remove said suit or proceeding to any Federal court, or shall institute any suit or proceeding against any citizen of this state in any Federal court, it shall be the duty of the commissioner to forthwith revoke all authority to such company and its agents to do business in this state, and to publish such revocation in some newspaper of general circulation published in the state.'
In September, 1904, certain parties, named Crain and Gayle sued the company in a state court of Kentucky, and the company, without their consent, removed the suit to the circuit court of the United States for the eastern district of Kentucky. Thereupon Crain and Gayle notified the state insurance commissioner of such removal, and demanded that the commissioner should revoke the authority of the company to do business in the state, as provided for by the above statute.
The company avers that the insurance commissioner did, on the sole ground of such removal, revoke the authority of the company to do business after September 29, 1904. The company thereupon demanded of the commissioner that he should set aside such revocation and cancel the same, which the commissioner refused to do.
The company then commenced these proceedings in the proper state court of Kentucky, asking that the insurance commissioner be required to cancel the revocation of the authority of the plaintiff and its agents to do business in the state, and...
To continue reading
Request your trial
-
Poe v. Ullman Doe v. Ullman Buxton v. Ullman, s. 60
...193 U.S. 49, 24 S.Ct. 394, 48 L.Ed. 613; Jones v. Montague, 194 U.S. 147, 24 S.Ct. 611, 48 L.Ed. 913; Security Mutual Life Ins. Co. v. Prewitt, 200 U.S. 446, 26 S.Ct. 314, 50 L.Ed. 545; Richardson v. McChesney, 218 U.S. 487, 31 S.Ct. 43, 54 L.Ed. 1121; Berry v. Davis, 242 U.S. 468, 37 S.Ct.......
-
Boggess v. Berry Corporation
...41 S.Ct. 522; Commercial Cable Co. v. Burleson, 1919, 250 U.S. 360, 39 S.Ct. 512, 63 L.Ed. 1030; Security Mutual Life Ins. Co. v. Prewitt, 1906, 200 U.S. 446, 26 S.Ct. 314, 50 L.Ed. 545; South Spring Hill Gold Min. Co. v. Amador Medean Gold Min. Co., 1892, 145 U.S. 300, 12 S.Ct. 921, 36 L.E......
-
Selected Products Corporation v. Humphreys
...Bank, 223 U.S. 670, 32 S.Ct. 391, 56 L.Ed. 605; U.S. v. Evans, 213 U.S. 297, 29 S.Ct. 507, 53 L.Ed. 803; Security Mut. L. Ins. Co. v. Prewitt, 200 U.S. 446, 26 S.Ct. 314, 50 L.Ed. 545; Selden v. Montague, 194 U.S. 153, 24 S.Ct. 613, 48 L.Ed. 915; Jones v. Montague, 194 U.S. 147, 24 S.Ct. 61......
-
State ex rel. Schwartz v. Jones
...... Banzhaf v. The Swan Company, 149 P.2d 225. . . For the. ...735, 314,. Sec. 737; Security Mutual Life Insurance Co., v. Prewitt, 200 U.S. ......