CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


NEW YORK LIFE INS. CO. V. DEER LODGE COUNTY, 231 U. S. 495 (1913)

Subscribe to Cases that cite 231 U. S. 495 RSS feed for this section

U.S. Supreme Court

New York Life Ins. Co. v. Deer Lodge County, 231 U.S. 495 (1913)

New York Life Insurance Company v. Deer Lodge County

No. 5

Argued November 11, 1913

Decided December 15, 1913

231 U.S. 495

Syllabus

The sanction of the rule of stare decisis urges this Court against reversing a long series of decisions where state legislation has been enacted in reliance thereon and the reversal would involve the promulgation of a new rule of constitutional inhibition on state legislation necessitating readjustment of policy and laws.

After reviewing Paul v. Virginia, 8 Wall. 168, decided by this Court in 1868, and other cases in which that case was followed, this Court adheres to the decisions in those cases to the effect that the issuing of an insurance policy is not commerce, but a personal contract, and that the regulations of a state in regard to policies delivered in the state by nonresident insurance corporations and taxes imposed on said corporations are not, if otherwise legal, unconstitutional as a burden upon interstate commerce. The Lottery Cases, 188 U. S. 321, and International Textbook Co. v. Pigg, 217 U. S. 91, distinguished. chanroblesvirtualawlibrary

Page 231 U. S. 496

The fact that there are great numbers of transaction therein does not give to a business any other character than magnitude; it cannot transform a business from one which is subject to state regulation to one beyond that regulation as interstate.

The fact that the mails are used in consummating contracts for insurance between a corporation in one state and the insured in another does not give character to the negotiation or the contract, nor does it make the latter interstate commerce.

The fact that, after the insured receives his policy of insurance, it becomes subject to sale and transfer does not make the business of issuing it commerce.

The statute of Montana imposing a tax on insurance corporations doing business in the state measured by the excess of premiums received over losses and expenses incurred within the state is not unconstitutional as a burden on, or interference with, interstate commerce.

43 Mont. 243 affirmed.

The facts, which involve the constitutionality of a statute of Montana imposing certain taxes on insurance corporations, are stated in the opinion. chanroblesvirtualawlibrary

Page 231 U. S. 498





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED