Gem State Mutual Life Ass'n v. O'Connell

McQUADE, Justice,

with whom

PORTER, Justice, concurs (dissenting).

Pursuant to Title 41, Chapter 31, Section 17, Idaho Code, the respondent, an Idaho corporation, made application to the commissioner of insurance, appellant herein, for approval of the insurance form entitled "$500.00 Funeral Benefit.” After a hearing and an examination of the policy, the commissioner of insurance denied the application, from which order the respondents appealed to the district court, as provided by statute, and secured a reversal of the commissioner’s ruling on the record taken by the commissioner. From the…