People Ex Rel. Fund American Companies v. California Insurance

Plaintiff appeals from a judgment entered in a quo warranto action, upholding defendant’s right to its franchise as a California corporation and, in particular, defendant’s right to use the name, California Insurance Company.

On September 25, 1964, Commercial Union Insurance Company of New York filed an application with the Insurance Commissioner of California for approval of the merging of its subsidiary, The California Insurance Company, with another of its subsidiaries. With the consent of the Insurance Commissioner, the merger became effective on December 31, 1964.

The relator in this action, Fund American Companies (hereafter plaintiff), acting on the above information, determined to secure the right to conduct the business of insurance in California under the name “California Insurance Company.”

Industrial Indemnity Company (hereafter defendant), at about the same time also determined to acquire the same name for the same general purpose.

On November 24, 1964, a written request for approval of the name “California Insurance Company”was filed with thelnsurance Commissioner on behalf of plaintiff. On November 25, 1964, Mr. Joseph Thomas, chief assistant insurance…