Legal Opinion

Flinn v. Western Mutual Life Ass'n

Supreme Court of Iowa

Decided April 11, 1919PublishedCited by 9 opinions

Appeal from Pottawattamie District Court. — O. I>. Wheeler, Judge. Action on a policy of insurance. The defendant made a special appearance to object to the jurisdiction of the court for want of appropriate notice of suit. A hearing being had upon such special plea, it was by the court overruled, and the defendant appeals.

1Opinion of the CourtEvans, J.

The defendant is a. nonresident life insurance association. The plaintiff is one of its policy holders. He brought his action for damages for breach of the policy conditions. Service of the original notice was made upon. the commissioner of insurance for the state of Iowa, under the provisions of Section 1808, Code, 1897, and Section 1683-r3, Supplement, 1913.' The defendant is organized under the laws of California, and has its principal place of business in Los Angeles in such state. Its attack upon the jurisdiction of the court for want of notice is predicated upon the following grounds:

Tha…

2Cases cited5 opinions

  1. Old Wayne Mut. Life Assn. of Indianapolis v. McDonoughSupreme Court of the United States · 1907
  2. Connecticut Mutual Life Insurance v. SpratleySupreme Court of the United States · 1899
  3. Mutual Reserve Fund Life Assn. v. PhelpsSupreme Court of the United States · 1903
  4. Sparks v. National Masonic Accident Ass'nSupreme Court of Iowa · 1896
  5. Kulberg v. Fraternal UnionSupreme Court of Minnesota · 1915

3Cited by9 opinions

  1. Tice v. Wilmington Chemical CorporationSupreme Court of Iowa · 1966
  2. Tice v. WILMINGTON CHEMICAL CORPORATIONSupreme Court of Iowa · 1966
  3. State Ex Rel. American Central Life Insurance v. LandwehrSupreme Court of Missouri · 1927
  4. Darling Stores Corporation v. Young Realty Co.Court of Appeals for the Eighth Circuit · 1941
  5. Buchhop v. General Growth Properties & General Growth Management Corp.Supreme Court of Iowa · 1975

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