New York Court of Appeals
Florence M. Gibbs, Respondent v. the Queen Insurance Company, Appellant
November 9, 187563 N.Y. 114
Summary
The Court held that under section 427 of the Code of Procedure a New York citizen may sue a foreign fire insurance company by serving a summons on the agent the company has designated pursuant to the insurance statutes. Such service, without an attachment or voluntary appearance, confers personal jurisdiction over the foreign corporation and permits a judgment enforceable against any of its property located in the state. Accordingly the motion to set aside service and dismiss the action was denied and the lower court’s order was affirmed.