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

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 282 U.S. 249, click here.

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

APPEALS FROM THE COURT OF ERROR

AND APPEALS OF NEW JERSEY

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. 257.

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. 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. 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.