Relief Ass'n of Union Works v. Equitable Life Assurance Society

The policy sued upon is a New York contract. Appellant is a mutual life insurance company domiciled in New York and appellee was a member of such mutual society.

The question at issue is whether under the policy and Section 83 of the New York Insurance Law appellant apportioned what is called the ‘ ‘ divisible surplus ’ ’ equitably during the term or terms of appellee’s policy.

The first question for us to decide is whether the issues in this case require the éxercise of visitorial powers over a foreign corporation. In other words, is the judgment in this case an interference with the…