Parmalee v. Commercial Travelers Mut. Acc. Ass'n of America
Cases that cite this one
10 later published cases cite this decision.
- McGee v. International Life Insurance Company (Tex. App. 1956)
- Bookman v. KAH Incorporated, Inc. (Fla. Dist. Ct. App. 1993)
- Strauss v. Delta Air Lines, Inc. (District Court, E.D. Pennsylvania 1962)
- Clifton Products, Inc. v. American Universal Insurance (District Court, S.D. New York 1959)
- Dauphin Deposit Trust Co. v. Commercial Travelers Mutual Accident Ass'n of America (New York Supreme Court 1957)
- Schutt v. Commercial Travelers Mutual Accident Association of America (2d Cir. 1956)
- Schutt v. Commercial Travelers Mutual Accident Ass'n of America (2d Cir. 1956)
- Baker v. Commercial Travelers Mutual Accident Ass'n of America (United States District Court for the Southern District of Florida 1955)
- Parmalee v. Iowa State Traveling Men's Ass'n (5th Cir. 1953)
- Elsa Berg v. Commercial Travelers Mutual Accident Association of America, Utica, New York (5th Cir. 1953)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The certificate of insurance sued upon in this case was delivered by mail in the State of Kentucky in 1936 to the assured, then a resident of that state, who, thereafter in 1946 or 1947, moved to Florida and there *524 resided until his death in 1951. Service of the complaint was had only upon the Insurance Commissioner of the State of Florida by virtue of the assumed authority of the Florida Unauthorized Insurers Process Act of 1949. 1
Under our ruling in Parmalee v. Iowa State Traveling Men’s Association, 5 Cir., 206 F.2d 518, the' certificate not being delivered in Florida to a Florida resident, subsequent to the effective date of the Florida statute referred to, the suit to enforce it does not come within the provisions of the statute. Accordingly, the order of the trial court quashing the service of process because not authorized by the statute, though based upon other grounds which we do not examine, nevertheless accomplished a correct result. No reversible error appears.
Judgment affirmed.
. Florida Statutes, § 625.28 et seq., F.S.A.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.