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BANKERS SERVICE LIFE INS. CO. v. SULLIVAN

No. 42,379

188 Kan. 783 (1961)

366 P.2d 264

BANKERS SERVICE LIFE INSURANCE COMPANY, Appellant, v. FRANK SULLIVAN, Commissioner of Insurance of Kansas, Appellee.

Supreme Court of Kansas.

Opinion filed November 10, 1961.

Attorney(s) appearing for the Case

William A. Smith, of Topeka, argued the cause, and Thomas E. Bennett, of Oklahoma City, Okla., was with him on the briefs for the appellant.

Charles N. Henson, Jr., assistant attorney general, argued the cause, and William M. Ferguson, attorney general, was with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal by plaintiff below, an Oklahoma corporation, from the trial court's judgment in a mandamus action denying a peremptory writ to compel appellee, the state commissioner of insurance, to issue a certificate of authority whereby appellant would be permitted to transact life insurance business in Kansas until May 1, 1961, and in a declaratory judgment action in which appellant alleged an actual...

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