Attorney General Ex Rel. Commissioner of Insurance v. Michigan Surety Co.

{dissenting). This is an action brought by the Michigan insurance commissioner to place defendant, Michigan Surety Company, in receivership for liquidation on the grounds that defendant is statutorily insolvent. At the conclusion of extended hearings, the Hon. Louis E. Coash, circuit judge of Ingham county, granted the petition of the company, and in the decree filed April 18, 1960, found that the company was solvent; that its conditions were not such that its transaction of business would be hazardous to policyholders, creditors, or the public; that the commissioner had failed to prove by…