Physicians' Defense Co. v. Cooper
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern District of California. Suit by the Physicians’ Defense Company against E. C. Cooper, Insurance Commissioner of the State of California. Judgment for defendant (188 Fed. 832), and complainant appeals. The Physicians’ Defense Company is a corporation of Indiana.
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Appeal from the Circuit Court of the United States for the Northern District of California. Suit by the Physicians’ Defense Company against E. C. Cooper, Insurance Commissioner of the State of California. Judgment for defendant (188 Fed. 832), and complainant appeals. The Physicians’ Defense Company is a corporation of Indiana. It is engaged in a business whereby it issues to its patrons and customers a form of contract in purport as follows : In consideration of the printed application and the sum of §15, being the consideration of one year’s defense, and the further payment of SI5 annually…
1Opinion of the CourtWoeverton, District Judge
(after stating the facts as above). But one question is presented on this appeal, which is whether the plaintiff is transacting an insurance .business within the meaning of the statutes of California relating to the subject. If it is, it is admitted that the Insurance Commissioner’s position is the correct one. If not, then the Commissioner should be restrained from interference with plaintiff’s continuing to transact business with the state.
All persons and companies are prohibited from transacting insurance business within the state of California without first obtaining a certificate of…
2Cases cited5 opinions
- Commonwealth v. Equitable Beneficial Ass'nSupreme Court of Pennsylvania · 1890
- People ex rel. Kasson v. RoseIllinois Supreme Court · 1898
- Shakman v. United States Credit System Co.Wisconsin Supreme Court · 1896
- Physicians' Defense Co. v. O'BrienSupreme Court of Minnesota · 1907
- Vredenburgh v. Physicians Defense Co.Appellate Court of Illinois · 1906
3Cited by17 opinions
- California Physicians' Service v. GarrisonCalifornia Supreme Court · 1946
- Jordan v. Group Health Ass'nCourt of Appeals for the D.C. Circuit · 1939
- Epmeier v. United StatesCourt of Appeals for the Seventh Circuit · 1952
- Daniel v. Life Ins. Co. of VirginiaCourt of Appeals of Texas · 1937
- State ex rel. Fishback v. Globe Casket & Undertaking Co.Washington Supreme Court · 1914
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