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PELLA F. MUT. INS. CO. v. HARTLAND R. T. INS. CO.

26 Wis.2d 29 (1965)

PELLA FARMERS MUTUAL INSURANCE COMPANY, Appellant, v. HARTLAND RICHMOND TOWN INSURANCE COMPANY, Respondent.

Supreme Court of Wisconsin.

January 5, 1965.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by H. E. Koehler of Shawano.

For the respondent there was a brief by Kaftan, Kaftan & Kaftan of Green Bay, and oral argument by Fred F. Kaftan.

Briefs amici curiae were filed by Charne & Tehan of Milwaukee, and by George Thompson, attorney general, and E. Weston Wood, assistant attorney general, for Charles Manson, commissioner of insurance.

FAIRCHILD, J.

It is clear that the agreement for reinsurance did not create a liability for assessment unless such liability arises by statute under all such agreements. The question is whether ch. 202, Stats., imposes such liability. Is ch. 202 to be construed so as to require that when a town mutual which reinsures risks of another company under sec. 202.07 makes an assessment under sec. 202.11, it must levy its assessment...

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