City of Morgantown v. Fidelity Mutual Life Insurance

Lovins, President,

concurring:

I concur in the result reached in this case, but I do not concur in the use of the following language: “ * * * in Fidelity Mutual Life Ins. Co. v. Sims, 1954, 140 W. Va. 49, 82 S. E. 2d 312. In the Court’s opinion, written by Judge Lovins, this question was answered in the negative: ‘Are foreign insurance companies required to qualify under Code 31-1-79 and Section 80, Chapter 119, Acts of the Legislature, 1939, Regular Session, (Michie’s Code, 1949, Serial Section 935), as well as under Code 33-2-5, 6, as insurance corporations; * * * ?’ To avoid the ‘chaos and…