Kahn v. Tazwell
Oregon Supreme Court
266 P. 238 (1928)
- Written by David Bloom, JD
Facts
Adolf Kahn (plaintiff), was a citizen and resident of Germany. Kahn had an insurance policy with New York Life Insurance Company (New York Life) (defendant), which was a New York corporation. The contract had a forum-selection clause that provided that only the courts of Karlsruhe, Germany, had jurisdiction to enforce the conditions of the insurance policy. In order to do business in Oregon, New York Life was required to file a power of attorney with the state insurance commission, and it appointed Durham, a citizen and resident of Oregon, as its agent for service of process in that state. Kahn sued New York Life in Oregon, claiming that it had breached the contract. New York Life moved to quash the summons served on Durham and to dismiss the complaint. New York Life argued that the court lacked jurisdiction because the contract had not been executed in Oregon and Kahn was not an Oregon resident when the action was commenced. New York Life also relied on the forum-selection clause to argue that the designated German courts had exclusive jurisdiction over the case. After the court granted New York Life’s motion, a relator proceeding was filed on Kahn’s behalf seeking to compel the Oregon judge, Tazwell, to entertain jurisdiction over the underlying action against New York Life.
Rule of Law
Issue
Holding and Reasoning (Bean, J.)
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