|
|
American Fire Ins. Co. v. King Lumber & Mfg. Co., 250 U.S. 2 (1919)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
American Fire Ins. Co. v. King Lumber & Mfg. Co., 250 U.S. 2 (1919)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 250 U.S. 1, click here.
American Fire Insurance Company v. King Lumber & Manufacturing Company No. 308 Argued April 22, 1919 Decided May 19, 1919 250 U.S. 2
ERROR TO THE SUPREME COURT
OF THE STATE OF FLORIDA
Syllabus
A fire insurance company transacting business in a state other than that of its incorporation is bound, in respect of such business, by the laws of the state where the business is transacted. P. 9.
A Pennsylvania fire insurance corporation, through a series of years, issued a succession of policies on property in Florida, the business being done through local brokers who applied for the insurance, received and transmitted the premiums, drew their commissions from the company, and were consulted by it as to the subject matter insured and the other companies carrying insurance thereon. The policies, executed in Pennsylvania and sent to the brokers by mail, each contained a warranty for concurrent insurance throughout its term in another specified company, but, with the knowledge of the brokers, a different company was substituted before the loss occurred. A law of Florida in existence throughout the transactions made any person who solicits insurance or procures applications therefor the agent of the insurer, anything in the application or policy to the contrary notwithstanding, and made one who receives or receipts for money from the insured to be transmitted to the insurer the agent of the latter "to all intents and purposes." Held that, as applied to the case so as to charge the company with the brokers’ knowledge and effect a waiver of the warranty, the Florida law did not deny full faith and credit to the laws of Pennsylvania, or violate the privileges and immunities, due process, or equal protection clauses of the Fourteenth Amendment. Id.New York Life Insurance Co. v. Head, 234 U.S. 149, and Mutual Life Insurance Co. v. Hilton-Green, 241 U.S. 613, distinguished.
In the interest of justice, the Court may decide the merits without passing on a motion to dismiss that depends on a disputed proposition involving the merits. P. 14.
74 Fla. 130 affirmed.
The case is stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," American Fire Ins. Co. v. King Lumber & Mfg. Co., 250 U.S. 2 (1919) in 250 U.S. 2 250 U.S. 3–250 U.S. 5. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=6WM2H21YJ5WQU5N.
MLA: U.S. Supreme Court. "Syllabus." American Fire Ins. Co. v. King Lumber & Mfg. Co., 250 U.S. 2 (1919), in 250 U.S. 2, pp. 250 U.S. 3–250 U.S. 5. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=6WM2H21YJ5WQU5N.
Harvard: U.S. Supreme Court, 'Syllabus' in American Fire Ins. Co. v. King Lumber & Mfg. Co., 250 U.S. 2 (1919). cited in 1919, 250 U.S. 2, pp.250 U.S. 3–250 U.S. 5. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=6WM2H21YJ5WQU5N.
|