ALLIED AMERICAN CO. v. COMM'R

[No. 244, September Term, 1958.]

219 Md. 607 (1959)

150 A.2d 421

ALLIED AMERICAN MUTUAL FIRE INSURANCE COMPANY ET AL. v. COMMISSIONER OF MOTOR VEHICLES ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed May 15, 1959.

Denied June 4, 1959.


Attorney(s) appearing for the Case

J. Cookman Boyd, Jr., and Henry M. Decker, Jr., with whom was Harris James George on the brief, for the appellants.

E. Clinton Bamberger, Jr., as Special Assistant Attorney General, with whom were C. Ferdinand Sybert, Attorney General, Stedman Prescott, Jr., Deputy Attorney General, and James H. Norris, Jr., Special Assistant Attorney General, on the brief, for the appellees.

Briefs of amici curiae were filed by J. Kemp Bartlett, Jr., Joseph Sherbow and Edward F. Shea, Jr., on behalf of the Association of Casualty and Surety Companies and the National Association of Independent Insurers, and by Richard W. Kiefer and Allan H. Fisher, Jr., on behalf of the Bar Association of Baltimore City.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND and PRESCOTT, JJ.


HAMMOND, J., delivered the opinion of the Court.

The appellants, two mutual insurance companies that write automobile liability insurance, and an insured of each, brought a bill for a declaration that Ch. 836 of the Acts of 1957 — the Unsatisfied Claim and Judgment Fund Law — was unconstitutional and void and for an injunction against the officials named in the Act to prevent its enforcement and administration. The chancellor found the law constitutional...

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