[Download] "State Ex Rel. Mid-West Insurance Company" by 932 Supreme Court of Indiana No. 28 # eBook PDF Kindle ePub Free

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eBook details

• Title: State Ex Rel. Mid-West Insurance Company
• Author : 932 Supreme Court of Indiana No. 28
• Release Date : January 24, 1952
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Relator Mid-West Insurance Company sought and obtained here a temporary writ of prohibition which prohibited respondents from exercising further jurisdiction to hear and determine an application by Myrtie Brooks for the appointment of a receiver for relator, and also an intervening petition by the Department of Insurance of Indiana which sought a court order to take possession of the property of relator under § 39-3401, Burns' 1952 Replacement, and an injunction under § 39-3409, Burns' 1952 Replacement. On May 27, 1952, Myrtie Brooks, hereinafter referred to as the plaintiff, filed her amended complaint against the relator, in substance alleging that relator was incorporated as an insurance company under a special act of the General Assembly passed in 1832, said act being Chapter 138 of the 1832 Acts, its name then being the ""Lawrenceburg Insurance Company,"" but that subsequently by order of the Dearborn Circuit Court, said name was changed to ""Mid-West Insurance Company."" Said complaint further alleged relator's principal office was now at 408 State Life Building, Indianapolis. The amended complaint further alleged that plaintiff had recovered a judgment against LeRoy Davis and Clara Davis for negligent injury to her person in the sum of $7,000, but that said judgment defendants were insolvent, an execution against them had been returned unsatisfied, and that no part of said judgment had been paid or satisfied, but that the judgment defendants had a policy of insurance with relator, in full force and effect at the time the injuries were received, which policy contained a provision that in case an execution was returned unsatisfied because of the insolvency or bankruptcy of the insured, the injured person could maintain an action against the relator for the amount of the judgment, not exceeding the amount of the policy, pursuant to the standard provisions required of such policies by § 39-3005, Burns' 1952 Replacement. The amended complaint further alleged failure to pay the claim, and prayed a receiver be appointed under the general receivership provisions of the code, § 3-2601, Burns' 1946 Replacement.

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