Nutting v. Massachusetts
Supreme Court of the United States
ERROR TO THE SUPERIOR COURT OE THE STATE OE MASSACHUSETTS. This was an indictment on the statute of Massachusetts of 1894, c. 522, § 98, for negotiating and transacting unlawful insurance with a foreign insurance company not admitted to do business in Massachusetts.
Read the full summary
ERROR TO THE SUPERIOR COURT OE THE STATE OE MASSACHUSETTS. This was an indictment on the statute of Massachusetts of 1894, c. 522, § 98, for negotiating and transacting unlawful insurance with a foreign insurance company not admitted to do business in Massachusetts. Section 98 of that act is as follows: “ Any person who shall assume to act as an insurance agent or insurance broker without license therefor as herein provided, or"who shall act in any manner in the negotiation or transaction of unlawful insurance with a foreign insurance company not admitted to do business in this Commonwealth,…
1Opinion of the Court
Mr. Justice Gray,
after stating the case as .above, delivered the opinion of the court.
A State has the undoubted power to prohibit foreign insurance companies from making contracts of insurance, marine or other, within its limits, except upon such conditions as the State may prescribe, not interfering with’ interstate commerce. A contract of marine insurance is not’ an instrumentality of commerce, but a mere incident of commercial intercourse. The State, having the power to impose conditions on the transaction of business by foreign insurance companies within its limits, has the equal right to…
2Cases cited3 opinions
- Allgeyer v. LouisianaSupreme Court of the United States · 1897
- Hooper v. CaliforniaSupreme Court of the United States · 1895
- Commonwealth v. NuttingMassachusetts Supreme Judicial Court · 1900
3Cited by58 opinions
- United States v. South-Eastern Underwriters Assn.Supreme Court of the United States · 1944
- Wilburn Boat Co. v. Fireman's Fund InsuranceSupreme Court of the United States · 1955
- Bradford Electric Light Co. v. ClapperSupreme Court of the United States · 1932
- Thames & Mersey Marine Insurance v. United StatesSupreme Court of the United States · 1915
- California State Automobile Ass'n Inter-Insurance Bureau v. MaloneySupreme Court of the United States · 1951
53 more not listed; retrieve them via the Exa API.