CONSTITUTIONAL LAW-INTERSTATE COMMERCE-STATE REGULATION OF INSURANCE

Authors

Eugene H. Lattin, University of Michigan Law SchoolFollow

Abstract

The California Insurance Code forbids a person to act as agent for an insurance company until a license is obtained from the commissioner, and forbids acting as agent for any non-admitted insurer in the transaction of insurance business in the state. Summarily stated, the provisions for the admission of insurance companies forbid either foreign or domestic companies to do a life insurance business in California other than on a legal reserve basis, thereby excluding the company represented by appellant as its agent. Appellant was convicted for violations of both provisions of the law. He contended that these sections, as applied in his case, constituted a regulation of interstate commerce forbidden by the Constitution of the United States. Held, affirmed. In the absence of contrary action by Congress, the states may require all insurance agents to be licensed for the protection of the public, and may exclude foreign insurers for failing to meet reserve requirements not excessive for the protection of the local interest affected. Robertson v. California, (U.S. 1946) 66 S. Ct. 1160.

Recommended Citation

Eugene H. Lattin, CONSTITUTIONAL LAW-INTERSTATE COMMERCE-STATE REGULATION OF INSURANCE, 45 Mich. L. Rev. 366 (1947).
Available at: https://repository.law.umich.edu/mlr/vol45/iss3/8