Employers' Liability Assurance Corp. v. Merrill
Massachusetts Supreme Judicial Court
Petition in equity, under the St. of 1890, c. 304, by a foreign insurance company, to determine whether the petitioner was illegally issuing certain forms of policies, as notified by the respondent insurance commissioner.
Read the full summary
Petition in equity, under the St. of 1890, c. 304, by a foreign insurance company, to determine whether the petitioner was illegally issuing certain forms of policies, as notified by the respondent insurance commissioner. Hearing before Holmes, J., who reserved the case for the consideration of the full court, upon the questions whether the petitioner was lawfully authorized to issue the policies complained of, and whether the judge had a right thus to reserve the case for the consideration of the full court. The facts so far as material appear in the opinion.
1Opinion of the CourtBarker, J.
The Massachusetts Insurance Act of 1887, c. 214, declares it unlawful to make any contract of insurance upon or concerning any property or interests or lives in this Common*405wealth, or with any resident thereof, unless and except as authorized under the provisions of the act, saving only the operations of mutual benefit societies under the Pub. Sts. c. 115, and life and casualty insurance on the assessment plan under the St. of 1885, c. 183.
It is evident, however, that these provisions were not intended to declare all contracts of insurance unlawful, the precise form of which is not settled by…
2Cited by19 opinions
- Hyer v. Inter-Insurance Exchange of the Automobile ClubCalifornia Court of Appeal · 1926
- New York Life Insurance v. HardisonMassachusetts Supreme Judicial Court · 1908
- Enman v. Trustees of Boston UniversityMassachusetts Supreme Judicial Court · 1930
- Ocean Accident Guarantee Corporation v. BearSupreme Court of Alabama · 1929
- Metropolitan Casualty Insurance v. BasfordSouth Dakota Supreme Court · 1913
14 more not listed; retrieve them via the Exa API.