Smith v. Commercial Travelers Mut. Acc. Ass'n

KERNER, Circuit Judge.

Upon the death of her husband, plaintiff as beneficiary of a certificate of membership constituting a contract of insurance sued defendant. Defendant filed a motion to dismiss plaintiff’s complaint on the grounds (1) that defendant, a New York corporation, was never qualified to do business in Indiana and therefore was not subject to the jurisdiction of the District Court there, and (2) that a one-year limitation in the contract barred plaintiff’s action. The trial court filed a memorandum opinion on defendant’s motion in which the question of jurisdiction was resolved…