Opinion · Supreme Court of the United States
Security Mutual Life Insurance v. Prewitt
200 U.S. 446
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1906-02-19
- Topic
- general
Mr. Justice Peckham, after making the foregoing statement, delivered the opinion' of the court. -It appears that the laws of Kentucky require the annual renewal of the permit to any foreign insurance company, in order that the company may continue'to do business in the State, and without such license the company is prohibited from doing any business therein. ■The writ of error in this case was filed January 27, 1905. and the license was granted July 1,. 1904, and expired by its' terms, if not .sooner revoked, on the first day of July, 1905. The permit, even if illegally revoked prior to that time, became a dead letter on July 1, 1905, so fár as constituting any authority to the company to remain in the State and do business therein. If the court should now assume to cancel the revocation it could not thereby reinstate the permit, which has already expired, and the company would still be without power to do ■business in the State until another permit should be granted. To adjudge that the old- permit remained good until the expiration of the year is to "adjudge an abstract question, as no relief can be now awarded concerning it.
Citator
UpLaw has not yet analyzed Security Mutual Life Insurance v. Prewitt. The absence of a flag is not a finding that it is good law.
- Cited by
- 29 opinions
Headnotes
- Federal Courts & Jurisdiction — Mootness Where, after a writ of error is filed, an event occurs that renders it impossible for the court to grant any effectual relief in favor of the plaintiff in error, leaving only an abstract question to be decided, the writ of error will be dismissed. 200 U.S. at 448-449
- Federal Courts & Jurisdiction — Mootness Where a foreign insurance company seeks cancellation of the revocation of its annual permit to do business in a state, but the permit has expired by its own terms during the pendency of the writ of error, cancelling the revocation could not reinstate the expired permit and the company would remain without authority to do business absent a new permit, so no practical relief can be afforded and the writ must be dismissed. 200 U.S. at 448-449
- Federal Courts & Jurisdiction — Jurisdiction — Federal Question The refusal of a state insurance commissioner to grant a foreign insurance company authority to transact business after its prior permit had expired does not raise a federal question. 200 U.S. at 449
The writ of error in this case was filed January 27, 1905. and the license was granted July 1, 1904, and expired by its terms, if not sooner revoked, on the first day of July, 1905. The permit, even if illegally revoked prior to that time, became a dead letter on July 1, 1905, so far as constituting any authority to the company to remain in the State and do business therein. If the court should now assume to cancel the revocation it could not thereby reinstate the permit, which has already expired, and the company would still be without power to do business in the State until another permit should be granted. To adjudge that the old permit remained good until the expiration of the year is to adjudge an abstract question, as no relief can be now awarded concerning it. The refusal on the part of the Insurance Commissioner to grant authority to plaintiff to transact business after the old permit had expired does not raise a Federal question. Since the writ of error was filed the permit has ceased to have any effect, and, therefore, an event has occurred which renders it impossible for this court to grant any effectual relief in favor of plaintiff in error. In such case the court will dismiss the writ of error.Millsv.Page 450Green,159 U.S. 651;Tennesseev.Condon,189 U.S. 64;Jonesv.Montague,194 U.S. 147.
It would seem to be plain that the cancelation of a revocation of a permit, when the permit itself has become of no effect by virtue of the lapse of time, would be useless business, and would give no practical relief to the company.Writ dismissed.