Legal Opinion

State ex rel. Fidelity & Casualty Co. v. Rotwitt

Montana Supreme Court

Decided March 30, 1896PublishedCited by 1 opinion

Original Proceeding. Application for writ of mcmdamm to compel secretary of state to file relator’s certificate desig nating an agent to receive process. Statement of the case by the justice delivering the opinion The petitioner is an insurance corporation, organized an existing under the laws of the state of New York.

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Original Proceeding. Application for writ of mcmdamm to compel secretary of state to file relator’s certificate desig nating an agent to receive process. Statement of the case by the justice delivering the opinion The petitioner is an insurance corporation, organized an existing under the laws of the state of New York. Its pui poses are to take insurance upon the health and against pei sonal injury, disablement, or death resulting from traveling c general accident by land or water, and guarantying the fidelity of persons holding places of trust, and in general to insure against loss, damage…

1Opinion of the CourtHunt, J.

It appears by the averments of the petition that the plaintiff has complied fully with the statutes of the state relative to foreign insurance companies, and has filed with the state auditor all papers and certified copies and statements required by Title IV, Chapter 1, of the Civil Code, relating to stock and'mutual insurance corporations. By the authority of *94the decision in State v. Rotwitt, 17 Mont. 41, the petitioner is not required to file a copy of its charter or articles of incorporation with the secretary of state. As the petitioner has tendered a certificate designating an agent to…

2Cases cited1 opinion

  1. State ex rel. Aachen & Munich Fire Insurance v. RotwittMontana Supreme Court · 1895

3Cited by1 opinion

  1. State ex rel. Long v. RexfordSouth Dakota Supreme Court · 1906

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