Horace Gray, Nutting v. Massachusetts — Opinion of the Court
“ Massachusetts Argued: November 20, 21, 1901. --- Decided: January 13, 1902 A state has the undoubted power to prohibit foreign insurance companies from making contracts of insurance, marine or other, within its limits, except upon such conditions as the state may prescribe, not interfering with interstate commerce. A contract of marine insurance is not an instrumentality of commerce, but a mere incident of commercial intercourse. ”
Horace Gray, Nutting v. Massachusetts — Opinion of the Court
“ Justice White in Hooper's Case, observed: 'It is said that the right of a citizen to contract for insurance for himself is guaranteed by the 14th Amendment, and that therefore he cannot be deprived by the state of the capacity to so contract through an agent. The 14th Amendment, however, does not guarantee the citizen the right to make within his state, either directly or indirectly, a contract the making whereof is constitutionally forbidden by the state. ”
Horace Gray, Nutting v. Massachusetts — Opinion of the Court
“ The state, having the power to impose conditions on the transaction of business by foreign insurance companies within its limits, has the equal right to prohibit the transaction of such business by agents of such companies, or by insurance brokers, who are to some extent the representatives of both parties. ”
