Legal Opinion
United Benefit Fire Insurance ex rel. Nebraska Department of Insurance v. Earl
Nebraska Supreme Court
Decided December 11, 1970No. 37440PublishedCited by 3 opinions
1Opinion of the CourtSmith, J.
United Benefit Fire Insurance Company in involuntary liquidation sued Max A. Earl, its soliciting agent, on an account. The court instructed the jury to limit any recovery by United to earned premiums collected by-Earl but not transmitted to United. Verdict went for Earl and United appeals. It contends that other items, especially financed premiums and unearned commissions, were held' by Earl as its fiduciary.
On November 24, 1965, the district court decreed the involuntary liquidation which canceled all United policies and authorized suit in United’s name. See § 44-127, R. R. S. 1943.…
2Cases cited6 opinions
- Bohlinger v. ZangerNew York Court of Appeals · 1954
- Garrison v. Edward Brown & SonsCalifornia Supreme Court · 1944
- Korlann v. E-Z Pay Plan, Inc.Oregon Supreme Court · 1967
- Bushnell, Receiver v. KRAFFTIndiana Court of Appeals · 1962
- Shoup v. MayersonSupreme Court of Oklahoma · 1969
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- UNITED BENEFIT FIRE INSURANCE COMPANY v. EarlNebraska Supreme Court · 1970
- School District of Omaha v. State Bd. of EducationNebraska Supreme Court · 1971
- School District of Omaha v. State Bd. of EducationNebraska Supreme Court · 1971