German Alliance Insurance v. Lewis
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES ' FOR THE DISTRICT OF KANSAS. Bill in equity to restrain the enforcement of the provisions of an act of the State of Kansas entitled “An act relating to Fire Insurance, and to provide for the Regulation and Control of' rates of Premium Thereon, and to Prevent Discriminations Therein.”
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES ' FOR THE DISTRICT OF KANSAS. Bill in equity to restrain the enforcement of the provisions of an act of the State of Kansas entitled “An act relating to Fire Insurance, and to provide for the Regulation and Control of' rates of Premium Thereon, and to Prevent Discriminations Therein.” Chap. 152 of the Session Laws of 1909. The grounds of the bill are that the act offends the Constitution of the State and of the United States. A summary of the requirements of the act is as follows: Sec. 1. Every fire insurance company shall file with the…
1Opinion of the Court 1
After stating the ease as' above,
2Opinion of the Court · McKennaJustice McKenna
The specific error complained of is the refusal of the District Court to hold that the act of the State of Kansas is unconstitutional and void as offending the due process clause of the Fourteenth Amendment of the Constitution of the United States. To support this charge of .error, *405complainant asserts that the business of fire insurance is a private business and, therefore, there is no constitutional power in a State to fix the rates and charges for services rendered by it. An exercise of such right, it is contended, is a taking of private property for a…
3Cases cited14 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- United States Ex Rel. Attorney General of the United States v. Delaware & Hudson Co.Supreme Court of the United States · 1909
- Holden v. HardySupreme Court of the United States · 1898
- Noble State Bank v. HaskellSupreme Court of the United States · 1911
- Chicago, Burlington & Quincy Railroad v. McGuireSupreme Court of the United States · 1911
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4Cited by400 opinions
- Nebbia v. New YorkSupreme Court of the United States · 1934
- United States v. South-Eastern Underwriters Assn.Supreme Court of the United States · 1944
- Block v. HirshSupreme Court of the United States · 1921
- Group Life & Health Insurance v. Royal Drug Co.Supreme Court of the United States · 1979
- Morey v. DoudSupreme Court of the United States · 1957
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