Carr v. Union Mutual Fire Insurance
Missouri Court of Appeals
■Appeal from the St. Louis City Circuit Court. — Hon. George W. Ltjbke, Judge. The court erred in refusing to allow an assessment for the payment of indebtedness of the dissolved company for “unearned premiums and surrender values of its policil.”
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■Appeal from the St. Louis City Circuit Court. — Hon. George W. Ltjbke, Judge. The court erred in refusing to allow an assessment for the payment of indebtedness of the dissolved company for “unearned premiums and surrender values of its policil.” R. S. sec. 6047. The unearned premiums and surrender values of the dissolved company are entitled to share in any assessment made for the payment of the debts and claims allowed against such company, in proportion to their respective amounts. R. S. sec. 6047, sub-sec. 4; 44 Mo. 283. All policy-holders in a mutual company are. members of the…
1Opinion of the CourtThompson, J.
In the winding úp of a dissolved mutual fire insurance company under the statutes of this state, there was, after paying the fire losses and expenses of the administration, a small fund for distribution. Upon the petition of Mr. Hensler, who was the holder of a note of the company for a larger amount than thus remained for distribution, upon which note a bank had advanced money to the company which had been used by it in discharging fire losses, the court ordered that the remnant of the fund which was subject to distribution be paid over to him. To this order a large number of policy-holders,…
2Cases cited1 opinion
- State ex rel. Attorney General v. Manufacturer's Mutual Fire InsuranceSupreme Court of Missouri · 1886
3Cited by3 opinions
- Taylor v. North Star Mutual InsuranceSupreme Court of Minnesota · 1891
- McCue v. SchweerMissouri Court of Appeals · 1927
- Reliance Lumber Co. v. BrownIndiana Court of Appeals · 1892