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JOHN HANCOCK MUTUAL LIFE INS. CO. v. SULLIVAN

No. 39,697

179 Kan. 167 (1956)

294 P.2d 234

JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, a corporation, Plaintiff, v. FRANK SULLIVAN, as Commissioner of Insurance of the State of Kansas, Defendant.

Supreme Court of Kansas.

Opinion filed February 29, 1956.

Attorney(s) appearing for the Case

Lester M. Goodell, of Topeka, argued the cause, and Margaret McGurnaghan, Frederick A. Mann, and Thomas R. Sewell, all of Topeka, were with him on the briefs for the plaintiff.

Charles C. McCarter, assistant attorney general, argued the cause, and Harold R. Fatzer, attorney general, and John K. Corkhill, of Topeka, were with him on the briefs for the defendant.

The opinion of the court was delivered by

WERTZ, J.:

This is an original proceeding in mandamus filed by the John Hancock Mutual Life Insurance Company, hereinafter referred to as plaintiff, against the commissioner of insurance of the state of Kansas, in which plaintiff seeks a peremptory writ requiring the defendant to issue an order approving plaintiff's form of policy No. 4000-0-54, if it should be determined that the policy form does not violate any of...

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