Caminetti

The appeal in the first above numbered cause is taken by the Insurance Commissioner as liquidator and conservator of The Pacific Mutual Life Insurance Company of California, referred to as the old company, from an order of the superior court made on February 14, 1941, setting aside the allowance by the Insurance Commissioner of claims in the liquidation of the old company made by the holders of noncancellable (hereafter called non-can) insurance policies issued by the old company. The other appeal is by defendant John Harnish, one of such policyholders, from the same order. The latter appellant, in addition to the ground urged for reversal by the Insurance Commissioner urges several others.

The main controversy involves the construction and application of the rehabilitation and reinsurance agreement, dated July 22, 1936, the approval of which by the superior court, *80 was affirmed by this court in Carpenter v. Pacific Mut. Life Ins. Co., 10 Cal.2d. 307 [ 74 P.2d 761 ]; see also Carpenter v. Pacific Mut. L. Ins. Co., 13 Cal.2d 306 [ 89 P.2d 637 ]; Caminetti v. Pacific Mut. L. Ins. Co., L.A. No. 17678, post, p. 344 [ 139 P.2d 908 ]. That agreement was ultimately approved by the…