McConnell
McConnell v. Industrial Indemnity Co.
Opinion
Lead Opinion
Burke, J.
For some time prior to October 30, 1958, Interstate Indemnity Company had been engaged in the business of writing policies of insurance covering the liability of employers under the workmen’s compensation laws of this state. On that date, because of the company’s insolvency, the Insurance Commissioner of the State of California (Commissioner) was appointed as its conservator.
In order to provide immediate and continuing payment to the injured workmen, the Commissioner solicited the cooperation, on a nonprofit basis, of a group of insurance companies also writing workmen’s compensation insurance and requested the execution of a reinsurance and assumption agreement, providing for the reinsurance and assumption of the liabilities of the insolvent insurer under workmen’s compensation policies issued by that company. The reinsurers were advised by the Commissioner that the latter had issued his finding on November 14, 1958, that “Interstate Indemnity Company has ceased to do workmen’s compensation insurance business in the State of California and that the bond referred to in Insurance Code section 11699 and related statutes should be and it is hereby fixed by [the Commissioner] at the…