In the 1930 case of Concordia Insurance Company of Milwaukee v. School District No. 98 of Payne County, Oklahoma, the Supreme Court ruled in favor of the school district. The dispute arose when a school building was destroyed by fire and Concordia Insurance refused to pay for damages on grounds that there had been material misrepresentation in the insurance policy application regarding other existing insurances on property. The court held that since these alleged misrepresentations were not specifically related to cause or origin of fire, they did not void policy under Oklahoma law which required such connection between false representation and loss incurred for an insurer to deny liability.

In the dissenting opinion for Concordia Insurance Company of Milwaukee v. School District No. 98 of Payne County, Oklahoma, it was argued that the majority's decision to uphold a state law requiring foreign corporations to consent to service of process in any county where they do business as a condition for doing business within the state was incorrect. The dissenting justices believed this requirement violated due process rights under the Fourteenth Amendment by forcing companies into an unfair choice between surrendering their constitutional right or being barred from conducting business in Oklahoma altogether. They contended that such laws should be subject to strict scrutiny and found unconstitutional unless narrowly tailored to serve a compelling state interest - criteria which, according them, this law did not meet.