Parmalee v. Commercial Travelers Mut. Acc. Ass'n
| Decision Date | 06 August 1953 |
| Docket Number | No. 14121.,14121. |
| Citation | 206 F.2d 523 |
| Parties | PARMALEE v. COMMERCIAL TRAVELERS MUT. ACC. ASS'N OF AMERICA. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Robert G. Young and T. J. Blackwell, Miami, Fla., for appellant.
James A. Dixon, Miami, Fla., Dixon, DeJarnette & Bradford, Miami, Fla., of counsel, for appellee.
Before BORAH, RUSSELL and STRUM, Circuit Judges.
The certificate of insurance sued upon in this case was delivered by mail in the State of Kentucky in 1936 to the assured, then a resident of that state, who, thereafter in 1946 or 1947, moved to Florida and there resided until his death in 1951. Service of the complaint was had only upon the Insurance Commissioner of the State of Florida by virtue of the assumed authority of the Florida Unauthorized Insurers Process Act of 1949.1
Under our ruling in Parmalee v. Iowa State Traveling Men's Association, 5 Cir., 206 F.2d 518, the certificate not being delivered in Florida to a Florida resident, subsequent to the effective date of the Florida statute referred to, the suit to enforce it does not come within the provisions of the statute. Accordingly, the order of the trial court quashing the service of process because not authorized by the statute, though based upon other grounds which we do not examine, nevertheless accomplished a correct result. No reversible error appears.
Judgment affirmed.
1 Florida Statutes, § 625.28 et seq., F.S.A.
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Clifton Products, Inc. v. American Universal Ins. Co.
...plaintiffs. However, Parmalee v. Iowa State Traveling Men's Ass'n, 5 Cir., 206 F.2d 518, 44 A.L.R.2d 410, and Parmalee v. Commercial Travelers Mut. Acc. Ass'n, 5 Cir., 206 F.2d 523, are decisive of the question. In the first Parmalee case the plaintiff widow, a Florida resident, as benefici......
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Parmalee v. Iowa State Traveling Men's Ass'n.
...here, we shorten our discussion in a similar case by the appellant here against another insurer, Parmalee v. Commercial Travelers Mutual Accident Association of America, 5 Cir., 206 F.2d 523, wherein we have determined that the insurance contract in that case does not come within the terms ......
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Strauss v. Delta Air Lines, Inc.
...518, 44 A.L.R.2d 410 (5th Cir. 1953), cert. den. 346 U.S. 877, 74 S.Ct. 125, 98 L.Ed. 384 (1953); Parmalee v. Commercial Travelers Mut. Acc. Ass'n of America, 206 F.2d 523 (5th Cir. 1953); Kahn v. Maico Company, 216 F.2d 233 (4th Cir. 1954); Jenkins v. Dell Publishing Company, 130 F.Supp. 1......
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Dauphin Deposit Trust Co. v. Commercial Travelers Mut. Acc. Ass'n of America
...citing Parmalee v. Iowa State Traveling Men's Association, 5 Cir., 206 F.2d 518, 519, 44 A.L.R.2d 410 and Parmalee v. Commercial Travelers Mut. Acc. Ass'n, 5 Cir., 206 F.2d 523, held that it was not necessary to consider the constitutional questions of due process and full faith and credit,......