Oland v. Agricultural Insurance

Alvey, C. J., delivered the opinion of the Court. This action was brought by a citizen of this State against the appellee, an insurance company incorporated under the law of the State of New York, hut licensed and doing business in this State. The case has never been brought to trial in the Court below; hut upon a summons issued out of the Circuit Court, and directed ²⁴⁹ to the sheriff of the county, that officer made this return: “Served on Edgar B. Freeman, agent of the Agricultural Insurance Company, of Watertown, New York. Luther C. Derr, sh’ff ”; and which return was quashed by the Court.

A summons was also directed and sent by mail to the general agent or attorney of the company, residing in the City of Baltimore, specially appointed to receive service of process against the company; but whether such summons was ever received by such agent or attorney was a controverted fact in the case. The appellee, by its attorney, entered a special appearance in the case for the purpose of objecting to the sufficiency of the service of process; and it was upon objection, made under such appearance, that the sheriffs return was quashed. It is from the order of Court quashing the return that this appeal is taken. On the part of the appellant it is insisted, that the service of the summons by the sheriff on Freeman, the local agent, was a sufficient service of process to bind the appellee, under the general incorporation law of this State, of 1868, chap. 411, sec. 211, which provides for service of process on corporations not incorporated by the laws of this State, but which do business in this State.

This general incorporation law authorizes the service of process upon any agent of a foreign corporation ; and in case of service of process on an agent, not an officer of the corporation, “notice of such process shall be left at the principal office of said corporation, if there be such office in this State,” etc. It does not appear that there was any such principal office of the company in the State; and if this provision of the general incorporation law applies to the case of a foreign insurance company, Licensed by, and actually doing business in, this State, then the service of process on Freeman, the local agent, would seem to have been ²⁵⁰ sufficient. But it is confidently insisted on tlie part of the appellee that this provision of the general incorporation law does not apply to a_ foreign insurance company licensed to do business in this State; as the whole subject-matter of the regulation of, and mode of serving process on, foreign insurance companies, doing business in this State, is specially and exclusively provided for by the Act of 1878, chap. 106. By that Act the Insurance Department of the State is established, and certain terms and conditions are prescribed upon which foreign insurance companies are allowed to do business in this State. They are required topaylieavy license fees for the privilege of doing business here; and among the conditions precedent prescribed, by section 30 of the- Act, is one that they shall file with the Insurance Commissioner “a power of attorney appointing a citizen of this State, resident within this State, the agent or attorney for the company upon whom process of law can be served: there must also be filed with the Insurance Commissioner a certified copy of the vote or resolution of the directors appointing such attorney, which appointment shall continue until another attorney be substituted.

And said writing or power of attorney shall