Herbring v. Lee, 17
| Decision Date | 25 November 1929 |
| Docket Number | No. 17,17 |
| Citation | 50 S.Ct. 49,74 L.Ed. 217,280 U.S. 111,64 A.L.R. 1430 |
| Parties | HERBRING v. LEE, Insurance Com'r of State of Oregon |
| Court | U.S. Supreme Court |
Messrs. Thomas MacMahon and Guy E. Kelly, both of Tacoma, Wash., for appellant.
Messrs. I. H. Van Winkle and Willis S. Moore, both of Salem, Or., for appellee.
This case arose under Insurance Law of Oregon. 2 Oregon Laws, Tit. 36, §§ 6322 to 6604. Sec. 6388 of this Law provides, inter alia, as follows:
(1) 'It shall be unlawful for any fire insurance company doing business in the state of Oregon to write, place or cause to be written or placed, any policy or contract for indemnity or insurance on property situated or located in the state of Oregon, except through or by the duly authorized agent or agents of such insurance company residing and doing business in this state, to whom the premium on such insurance shall be paid; * * *' (4)
(7) 'Any such insurance company * * * may appoint one additional agent * * * in any city of this state having a population of fifty thousand or more inhabitants according to the last federal census; * * *'
(8) 'Any such insurance company may appoint an additional agent or agents * * * in any city of this state on application to the insurance commissioner and the payment of an annual license fee of five hundred dollars for each such agent.'
Herbring, a resident and practising attorney in the city of Portland, Oregon, in good standing, applied to Lee, the Insurance Commissioner of Oregon, for an agent's license to represent the Northwestern National Insurance Company of Milwaukee-a foreign corporation duly qualified to write policies of fire insurance in Oregon, and already having two agents in Portland. The application-upon which the Company had indorsed its approval-was accompanied by Herbring's check for $2 as payment for a license fee. The Commissioner returned this application to the Company, stating that he could not accept an application direct from Herbring and requesting that the Company make the application. The Company itself thereupon executed an application for a license to Herbring to represent it as agent in Portland, and sent this to the Commissioner, but without the payment of any fee or any offer of such payment. The Commissioner returned this application to the Company, stating that as it already had two agents in Portland, its request for an additional license to Herbring could not be granted unless it wished to pay the additional fee of $500 prescribed by the Oregon law. On the same day the Commissioner returned Herbring's check and advised him that his application had been returned to the Company as he would make a third agency for the Company in Portland, 'and this is not permissible under the Oregon Insurance Laws, unless the additional fee of $500 is paid for such license.'
The Company, so far as appears, neither replied to the Commissioner, nor paid or tendered the $500 fee, nor questioned the validity of this requirement. Herbring, however, appealed to the Circuit Court of the county from the decision of the Commissioner refusing to issue to him a license as an agent for the Company. See § 6335. The Company was not a party to this appeal. The court-which heard the matter without pleadings-finding...
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