KINDER v. SUPERIOR COURT

Docket No. 19421.

78 Cal.App.3d 574 (1978)

144 Cal. Rptr. 291

WESLEY J. KINDER, as Insurance Commissioner, etc., Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; MARKET INSURANCE CORPORATION, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Two.

March 13, 1978.


Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, and Raymond B. Jue, Deputy Attorney General, for Petitioner.

No appearance for Respondent.

Bernstein, Vallette & Contos and Kent Leeds Vallette for Real Party in Interest.


OPINION

TAMURA, J.

This original proceeding presents the question whether the State Insurance Commissioner (commissioner), as liquidator of an insolvent insurance company, may utilize an order to show cause procedure to recover from an agent of the insolvent company sums allegedly due under agency contracts.

The background of this proceeding is as follows:

Pursuant to the commissioner's application under Insurance...

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