Thursday, September 11, 2008

McGee v. International Life Insurance Co. (a.k.a. suicide son)

McGee v. International Life Insurance Co.
355 U.S. 220 (1957)

Chief Justice Black delivered opinion, announced by Justice Douglas

Facts:
  • In 1944, Franklin, resident of CA, purchased life ins. from (insurer bought by def.)
  • Ins. co. mailed a reinsurance certificate to Franklin in CA, offering to cont. to insure him
  • Franklin accepted offer and paid premiums until death in 1950
    • pd from CA to TX
  • Plaintiff (the beneficiary) notifies ins. co. of Franklin's death
  • Ins. co. refused to pay
    • claimed Franklin committed suicide
  • Neither original insurer or respondent had any office/agent in CA
Issue:
Did the Due Process Clause preclude the CA court from entering a judgment binding on respondent?

Holding: No.

Reasoning:
  • Suit was based on contract which had substantive contact w/ state
    • Contract delivered in forum state
    • premiums mailed there
    • insured resident there when died
  • Forum state had interest in providing redress to citizens of state when insurer refused to pay claim
    • Resident would be at disadvantage if forced to follow ins. co. to distant state in order to hold it legally accountable
  • No contention respondent did not have adequate notice of suit or sufficient time to prepare its defenses and appear
Judgment: Reversed

Opinions: N/A

Thoughts: Thinnest contacts upon which U.S. Sup. Ct. has allowed personal jurisdiction

1 comment:

Raizu said...

Today I am working on the life insurance features for my personal interest, found that oklahoma life insurance not only ensure the customer a simple and easy way to get insured and at the time of maturity you get all of your savings easily.