Citizens' Ins. v. Clay

Citations

• 197 F. 435
• 1912 U.S. Dist. LEXIS 1434

Syllabus

<p>1. Insurance (§ 3*) — Power oe State to Regulate Business.</p> <p>The business of fire insurance is one which from its character and the capital required is in comparatively few hands, which has a tendency to prevent free competition, and is also a quasi public, as distinguished from a strictly private, business, which facts render it subject to reasonable state regulation.</p> <p>[Ed. Note. — For other cases, see Insurance, Cent. Dig. § 3; Dec. Dig. S 3.*]</p> <p>2. Constitutional Law (§§ 242, 298*) — Insurance (§ 4*) — State Regulation oe Rates — Kentucky Statute.</p> <p>A fire insurance company of another state doing business in Kentucky under a license annually renewed is not entitled to a preliminary in- . junction to restrain enforcement of the State Insurance Rate Law (Laws Ky. 1912, c. 5), which became effective March 4, 1912, creating a State Insurance Board, with power to require certain data to be furnished by companies doing business in the state, and therefrom to establish rates which shall be the only lawful rates, on the ground that it is unconstitutional as depriving complainant of its property without due process of law, or denying it the equal protection of the laws, at least in advance of any action of the hoard fixing rates.</p> <p>[Ilcl. Note. — For other cases, see Constitutional Law, Cent. Dig. §§ 691, 847; Dee. Dig. §§ 242, 298;* Insurance, Cent. Dig. § 4; Dec. Dig. § 4.*}</p> <p>3. Constitutional Law (§ 242*) — Equal Protection oe Laws.</p> <p>A provision in a state statute for classification of insurance companies for rate-fixing purposes does not render it unconstitutional as denying to some the equal protection of the laws.</p> <p>[Ed. Note. — For other cases, see Constitutional Law, Cent. Dig. § 691; Dec. Dig. § 242.*]</p>