Federal Union Surety Co. v. Flemister
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; STATEMENT BY THE COURT. On the 4th day of December, 1907, J. A. Flemister filed a complaint in the Pulaski Chancery Court, in which he alleged in substance that the defendant, National Mutual Fire Insurance Company, of Omaha, Nebraska, a corporation organized and incorporated under the laws of Nebraska, had been engaged in the business of general fire insurance in this. State.
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Appeal from Pulaski Chancery Court; John B. Martineau, Chancellor; STATEMENT BY THE COURT. On the 4th day of December, 1907, J. A. Flemister filed a complaint in the Pulaski Chancery Court, in which he alleged in substance that the defendant, National Mutual Fire Insurance Company, of Omaha, Nebraska, a corporation organized and incorporated under the laws of Nebraska, had been engaged in the business of general fire insurance in this. State. That, before engaging in business here, it had filed a bond as required by law with the Federal Union Surety Company of Indianapolis, Indiana, as…
1Opinion of the CourtHart, J.
(after stating the facts). Counsel for the Federal Union Surety Company insist that its principal was a mutual fire insurance 'company organized under the laws of the State of Nebraska, and that, by virtue of the laws of that State, the articles of incorporation and the by-laws of the company, its policy holders became members of the company, and as such were not entitled to a return of the unearned premium.
In making this contention learned counsel have not duly considered the effect of our statutes on foreign mutual insurance companies.
It is settled that the Legislature may dictate the terms…
2Cases cited7 opinions
- State v. Lancashire Fire InsuranceSupreme Court of Arkansas · 1899
- Minneapolis Fire & Marine Mutual Insurance v. NormanSupreme Court of Arkansas · 1905
- Hartford Fire Insurance v. StateSupreme Court of Arkansas · 1905
- Insurance Commissioner v. People's Fire InsuranceSupreme Court of New Hampshire · 1894
- Bradshaw v. Bank of Little RockSupreme Court of Arkansas · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- NEW YORK UNDERWRITERS'FIRE INS. CO. v. Malham & Co.Court of Appeals for the Eighth Circuit · 1928
- Tri-County Highway Improvement District v. Vincennes Bridge Co.Supreme Court of Arkansas · 1925
- Federico MacAroni Mfg. v. Great Western Fire Ins. Co.Supreme Court of Louisiana · 1931
- Massachusetts Bonding & Insurance v. Home Life & Accident Co.Supreme Court of Arkansas · 1915
- Clifton v. School District No. 14 of RussellvilleSupreme Court of Arkansas · 1936
11 more not listed; retrieve them via the Exa API.