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PEERLESS INS. CO. v. MANSON

27 Wis.2d 601 (1965)

PEERLESS INSURANCE COMPANY, Appellant, v. MANSON, Commissioner of Insurance, Respondent.

Supreme Court of Wisconsin.

June 1, 1965.

Attorney(s) appearing for the Case

For the appellant there were briefs by Petersen, Sutherland, Axley & Brynelson, and oral argument by Eugene O. Gehl, all of Madison.

For the respondent there was a brief by Charne & Tehan of Milwaukee, and oral argument by Irvin B. Charne.

WILKIE, J.

The sole issue presented on this appeal is whether a foreign stock insurance company, by reinsuring a portion of its risks with a Wisconsin mutual insurance company, becomes a policyholder-member so as to be liable for assessment.

It is conceded that the reinsurance treaties were silent on whether Peerless was a "policyholder" or "member" and on the entire subject of what liability, if any, Peerless had for

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