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Civil Procedure Keyed to Spencer
McGee v. International Life Insurance Co.
Citation:355 U.S. 220 (1957)
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Plaintiff was the beneficiary of her husband’s life insurance. Plaintiff’s husband, the insured, was a resident of California. Defendant was Empire Mutual Insurance Company, an Arizona corporation whose primary place of business was in Texas. Defendant maintained no offices or agents in California; in fact, its only connection to California was the single policy it issued to Plaintiff’s husband. After Plaintiff’s husband passed away, Plaintiff attempted to collect on her husband’s policy. Defendant refused, claiming that Plaintiff’s husband committed suicide. Plaintiff sued in a California court, and sent service of process to Defendant’s Texas office. Plaintiff won in the California court; however, since Defendant had no property in California, the California court was unable to enforce the judgment. Plaintiff attempted to have a Texas court enforce the California court’s judgment, but the Texas court refused. Plaintiff then filed a petition for certiorari to the U.S. Supreme Court.
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