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BROWN v. BERNARD

No. 12835.

376 So.2d 1034 (1979)

Ossie BROWN, District Attorney on Behalf of the State of Louisiana v. Sherman A. BERNARD, Commissioner of Insurance.

Court of Appeal of Louisiana, First Circuit.

October 8, 1979.

Attorney(s) appearing for the Case

Ossie B. Brown, Dist. Atty., Marilyn C. Castle, Asst. Dist. Atty., Baton Rouge, counsel for plaintiff-appellee Ossie Brown, District Attorney on Behalf of the State of Louisiana.

John R. Martzell, New Orleans, counsel for defendant-appellant Commissioner of Insurance for the State of Louisiana, Sherman A. Bernard.

Gibson Tucker, Jr., New Orleans, counsel for intervenor-appellant Roger Williams Ins. Co.

Before COVINGTON, LOTTINGER and COLE, JJ.

LOTTINGER, Judge.

This appeal presents a novel, though hardly difficult, question of law: Can a foreign insurance company, by changing its domicile under provisions of Louisiana's general corporation law, become a domestic insurer in this state even though the company fails to meet some of the requirements for incorporation imposed on domestic insurers by the state's Insurance Code?

Louisiana Insurance Commissioner Sherman Bernard, the defendant in this suit...

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