Fireman'S Fund Indemnity Company
Volume 55 · 55 F.T.C. 624
deceptive advertisinghealth claims
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Fireman'S Fund Indemnity Company, 55 F.T.C. 624 (1958). Consumer Law Library, https://consumerlawlibrary.org/decisions/v055-0118
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IN THE MATTER OF FIREMAN' S FUND INDE1'1NITY Camp ANY ORDER, ETC., IN REGARD TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 6310. Complaint, l'vla?' 1955-Decision, Oct. 23, 1958 Order dismissing, for lack of jurisdiction, following the ruling of the Supreme Court of the United States in Fecle?' al Trade Co111/ntission v. National Ca,suaUy Company and Fecleml Tmcle Commission v. The American Hospital and Life Insnra,nce Company, 357 U, S. 560, complaint charging an insurance company in San Francisco, Calif., with false advertising of its health and accident policies.
Mr. John W. Brookfield, J1' for the Commission. On' ick, Dahlquist, H e1Tington Sutcliffe by M1' . Ch1'istopheT Ill Jenks of San Francisco, Calif., for respondent. INITIAL DECISION BY J. EARL Cox, HEARING EXAMINER Counsel for respondent herein has submitted a 1'lotion To Dismiss, based on the Supreme Court' s decision of June 30, 1958 in the c.combined cases of Federal T1'ade Co1Jz1nission v. National Casualty Company and Federal Trade Commission v. The A?nerican Hospital and Life I'insurance, CO'J1Lpany, and on the Commission s order of July 29, 1958, in the matter of North Al1Lerican Accident Insu1'ance Co1npan1/, Docket No. 6456, requesting that the complaint herein be dismissed, on the ground of lack of' jurisdiction.
Counsel supporting the complaint, answering said motion, states that since the practices here involved are governed by the abovecited decisions of the Supreme Court, he offers no opposition to said Motion to Dismiss, The hearing examiner is of the opinion that, in view of the circumstances stated, respondent's motion should be granted. Accordingly, It is ordered That the complaint herein be, and the same hereby is, dismissed.
DECISION OF THE COMMISSION Pursuant to Section 3.21 of the Commission s Rules of Practice the initial decision of the hearing examiner shall, on the 23d clay of October 1958, become the decision of the Commission. , LA DRY RICH SPORTSWEAR, INC., ET AL. 625 Decision