Occidental Life Insurance v. Lawrence

Claeicson, J. Tbe question involved: Where a foreign insurance corporation has submitted to domestication in tbis State by filing its certificate of incorporation with tbe Insurance Commissioner, and by otherwise complying with tbe provisions of Consolidated Statutes, 6411, and has designated Wake County as tbe location of its principal office, and has more than one-fifth of its entire property located in tbis State, does such corporation thereby acquire the right to sue and be sued on a transitory cause of action in tbe courts of tbe county of its principal office? We think so. C. S., 1181, in part, is as follows: “Requisites for permission to do business. Every foreign corporation before being permitted to do business in tbis State, insurance companies excepted, shall file in tbe office of tbe Secretary of State a copy of its charter or articles of agreement,” etc. In Smith-Douglass Co. v. Honeycutt, ante, 219, at p. 221, it is said: “Here tbe plaintiff submitted to domestication by complying with tbe requisites of permission to conduct its business in tbis State. C. S., 1181. It thereby acquired tbe right to sue and be sued in tbe courts of tbis State as a domestic corporation and as tbe place of its residence as defined by statute is tbe county of Pasquotank, tbe plaintiff bad tbe right to bring its suit in that county.” See C. S., 466, 467, 468 and 469. C. S., 6411, under “Insurance,” in part, is as follows: “Conditions of admission — A foreign insurance company may be admitted and authorized to do business when it: (1) Deposits with tbe Insurance Commissioner a certified copy of its charter or certificate of organization and a statement of its financial condition and business, in such form and detail as be requires, signed and sworn to by its president and secretary or other proper officer, and pays for tbe filing of tbis state *710 ment the sum required by law. (2) Satisfies the Insurance Commissioner, that it is fully and legally organized under the laws of its State or government to do the business it proposes to transact. . . . (3) By a duly executed instrument filed in his office constitutes and appoints the Insurance Commissioner and his successor its true and lawful attorney, upon whom all lawful processes in any action or legal proceeding against it may be served. . . . (4) Appoints as its agent or agents in this State some resident or residents thereof. (5) Obtains from the Insurance Commissioner a certificate that it has complied with the laws of the State and is authorized to make contracts of insurance,” etc. Defendants contend that C. S., 1181, excepts insurance companies. So it does, as there were other statutes that dealt exclusively with insurance companies. The statutes must be construed in relation to the subj.ect-matter. The clerk found, which was sustained on appeal by the court below, “That the said Occidental Life Insurance Company has fully complied with the requirements of section 6411, C. S., and is duly domesticated as an insurance corporation in the State of North Carolina,” etc. Ve think the findings of fact correct and by analogy the case of Smith-Douglass Co. v. Honeycutt, supra, controlling. The judgment of the court below is Affirmed.