United States Supreme Court Cases & Opinions

U.S. Supreme Court

O'Gorman & Young, Inc. v. Hartford Fire Ins. Co., 282 U.S. 251 (1931)

O'Gorman & Young, Inc. v. Hartford Fire Ins. Co.

Nos. 12 and 13

Argued April 30, 1930

Reargued October 30, 1930

Decided January 5, 1931

282 U.S. 251

Syllabus

1. The business of insurance is so far affected with a public interest that the state may regulate the rates, and likewise the relations of those engaged in the business. P. 282 U. S. 257.

Page 282 U. S. 252

2. A New Jersey statute declaring that rates of insurance against the hazards of fire shall be reasonable, and making it unlawful for fire insurance company to allow a commission to any person for acting a its local agent respecting such insurance, in excess of that allowed to any of its local agents on such risks in the state upheld, upon the record in the case, as within the power of the state to regulate such rate. P. 282 U. S. 257.

3. A state statute, dealing with a subject clearly within the police power, cannot be declared void, upon the ground that the specific method of regulation prescribed by it is unreasonable, in the absence of any factual foundation in the record to overcome the presumption of constitutionality. Id.

4. It does not appear upon the face of the statute here in question, or from fact of which the Court must take judicial notice, that, in New Jersey, evils do not exist in the business of fire insurance for which the statutory provision is an appropriate remedy. P. 282 U. S. 258.

105 N.J.L. 642 affirmed.

Appeals from judgments affirming judgments against the appellant in actions which it brought against the insurance companies to recover moneys claimed to be due to it for services as local agent. See also 105 N.J.L. 645.

Page 282 U. S. 254