Louis Brandeis

“ The statutes of Minnesota provide that a foreign insurance company shall not do business within the state unless it secures a license so to do, and that to this end it must file a copy of its charter and by-laws and a statement showing its financial condition, must appoint the insurance commissioner its attorney in fact upon whom proofs of loss and process in any action may be served, and must make a deposit of securities (or its equivalent) for the protection of Minnesota policy holders. ”

“ The statutes further require that all persons engaged in the solicitation of applications of insurance shall be licensed, and they declare specifically that it shall be unlawful for any person, firm or corporation to solicit or make or aid in the soliciting or making of any contract of insurance not authorized by the laws of the state, and that any person, firm, or corporation not complying with the requirements as to the licensing of agents and solicitors shall be guilty of a misdemeanor. ”

“ The parties had, under the Allgeyer and Cotton Compress Cases, the constitutional right to make in Maryland a contract of insurance despite a prohibition of the Minnesota law. But the company, a foreign corporation, had no constitutional right to solicit the insurance in Minnesota by means of an agent present within that state. ”