Hugo Black

Name: Watson v. Employers Liability Assurance Corporation — Opinion of the Court
Author: Hugo Black

Watson v. Employers Liability Assurance Corporation…

Summary

“Watson v. Employers Liability Assurance Corporation — Opinion of the Court”, is a work by Hugo Black. It explores elements such as Louisiana, insurance and contract.

Quotes from Watson v. Employers Liability Assurance Corporation… (Hugo Black)

Hugo Black, Watson v. Employers Liability Assurance Corporation…

“ Persons injured or killed in Louisiana are most likely to be Louisiana residents, and even if not, Louisiana may have to care for them. Serious injuries may require treatment in Louisiana homes or hospitals by Louisiana doctors. The injured may be destitute. They may be compelled to call upon friends, relatives, or the public for help. Louisiana has manifested its natural interest in the injured by providing remedies for recovery of damages. It has a similar interest in policies of insurance which are designed to assure ultimate payment of such damages. ”

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Source: Wikisource

Hugo Black, Watson v. Employers Liability Assurance Corporation…

“ Had the policy sued on been issued in Louisiana there would be no arguable due process question. See Merchants Mutual Auto. Liability Ins. Co. v. Smart, 267 U.S. 126, 129-130, 45 S.Ct. 320, 321, 69 L.Ed. 538. But because the policy was bought, issued and delivered outside of Louisiana, Employers invokes the due process principle that a state is without power to exercise 'extra territorial jurisdiction,' that is, to regulate and control activites wholly beyond its boundaries. Such a principle was recognized and applied in Home Ins. Co. ”

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Source: Wikisource

Hugo Black, Watson v. Employers Liability Assurance Corporation…

“ As a consequence of the modern practice of conducting widespread business activities throughout the entire United States, this Court has in a series of cases held that more states than one may seize hold of local activities which are part of multistate transactions and may regulate to protect interests of its own people, even though other phases of the same transactions might justify regulatory legislation in other states. ”

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Source: Wikisource

Hugo Black, Watson v. Employers Liability Assurance Corporation…

“ We have already pointed to the vital interests of Louisiana in liability insurance that covers injuries to people in that State. Of course Massachusetts also has some interest in the policy sued on in this case. The insurance contract was formally executed in that State and Gillette has an office there. But plainly these interests cannot outweigh the interest of Louisiana in taking care of those injured in Louisiana. Since this is true, the Full Faith and Credit Clause does not compel Louisiana to subordinate its direct action provisions to Massachusetts contract rules. Pacific Employers Ins. ”

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Source: Wikisource

Hugo Black, Watson v. Employers Liability Assurance Corporation…

“ The denial of equal protection and impairment of contract contentions are wholly void of merit. The State's direct action provisions fall with equal force upon all liability insurance companies, foreign and domestic. Employers points to no other provisions of the Louisiana law or to facts of any nature which give the slightest support to any charge of discriminatory application of the direct action statute. And since the direct action provisions became effective before this insurance contract was made, there is a similar lack of substantiality in the suggestion that Louisiana has violated Art. ”

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Source: Wikisource

Hugo Black, Watson v. Employers Liability Assurance Corporation…

“ London & Lancashire Indemnity Co. of America, La.App., 169 So. 132.↑ 'No certificate of authority to do business in Louisiana shall be issued to a foreign or alien liability insurer until such insurer shall consent to being sued by the injured person or his or her heirs in a direct action as provided in Section 655 of this Title, whether the policy of insurance sued upon was written or delivered in the State of Louisiana or not, and whether or not such policy contains a provision forbidding such direct action, provided that the accident or injury occurred within the State of Louisiana. ”

Hugo Black

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