Gambrell v. Cox

Bussey, Justice.

This action was commenced by Charles W. Gambrell, Insurance Commissioner, as receiver for National Fidelity Insurance Company, against the respondents, Joe M. Cox and A. D. Tuck, doing business as Cox and Tuck Agency. For convenience, the appellant will be referred to simply as the receiver, the insolvent insurer as the company, and the respondents as the agency.

Prior to August 7, 1961, the agency was writing insurance for the company under a written agency contract. On that date, due to the insolvency of the company, the receiver was duly appointed by an order of the court,…