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COMMERCIAL MUT. ACC. CO. V. DAVIS, 213 U. S. 245 (1909)

U.S. Supreme Court

Commercial Mut. Acc. Co. v. Davis, 213 U.S. 245 (1909)

Commercial Mutual Accident Company v. Davis

No. 114

Argued March 15, 16, 1909

Decided April 5, 1909

213 U.S. 245


Where the defendant make no appearance in the state court or in the Circuit Court except for the purpose of raising the question of jurisdiction and removing the case to the federal court, such proceeding do not amount to a general appearance.

A state may require a foreign insurance corporation not having any regular office in the state to make its agents who have authority to settle losses in the state competent to receive notice of actions concerning such losses.

In order for a state court to obtain jurisdiction over a foreign corporation having neither property nor agent within a state, it is essential for the corporation to be doing business in the state.

An insurance company with outstanding policies in a state on which it collects premiums and adjusts losses held, in this case, to be doing business within that state so as to render it liable to an action, and that service, according to the law of the state, on a doctor sent to investigate the loss and having power to adjust the same is sufficient to give the state court jurisdiction.

Page 213 U. S. 246

While service of process on one induced by artifice or fraud to come within the jurisdiction of the court will be set aside, this Court will not reverse the finding of the trial court that there was no such fraud where, as in this case, there is testimony supporting it.

Under § 5 of the Act of March 3, 1891, c. 517, 23 Stat. 826, this Court has jurisdiction to review cases certified in which the question of jurisdiction is alone involved, and, under the power conferred by that statute, can reverse the court below when clearly wrong, even upon questions of fact.

The facts are stated in the opinion.

Page 213 U. S. 249

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