ATTY. GEN., EX REL. COMMR. OF INS. v. MICHIGAN SURETY CO.

Docket No. 36, Calendar No. 48,739.

364 Mich. 299 (1961)

110 N.W.2d 677

ATTORNEY GENERAL, ex rel. COMMISSIONER OF INSURANCE, v. MICHIGAN SURETY COMPANY.

Supreme Court of Michigan.

Decided September 23, 1961.


Attorney(s) appearing for the Case

Paul L. Adams, Attorney General, Samuel J. Torina, Solicitor General, Maurice M. Moule and Burton P. Daugherty, Jr., Assistant Attorneys General, for plaintiff.

Clayton F. Jennings, Roscoe O. Bonisteel, and James P. Stewart, for defendant.

Richard B. Foster (Edmund E. Shepherd, of counsel) and Foster, Foster, Campbell & Lindemer, for intervenor Insurance Corporation of America.

Amicus Curiae:

Mark McElroy, Attorney General of Ohio, Gerald J. Celebrezze and William P. Meehan, Assistant Attorneys General of Ohio.


KELLY, J. (dissenting).

This is an action brought by the Michigan insurance commissioner to place defendant, Michigan Surety Company, in receivership for liquidation on the grounds that defendant is statutorily insolvent. At the conclusion of extended hearings, the Hon. Louis E. Coash, circuit judge of Ingham county, granted the petition of the company, and in the decree filed April 18, 1960, found that the company was solvent; that its conditions were not...

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