Farmers Insurance Group v. Commissioner of Taxation

Otis, Justice.

This matter is before the court on a writ of certiorari to review a decision of the Tax Court confirming an order of the commissioner of taxation which imposes an assessment of 2.35 percent of gross premiums against three California reciprocal insurance exchanges under Minnesota’s retaliatory statute, Minn. St. 71.23. The issue is whether the provisions of §§ 60.515 and 60.518 governing reciprocal or interinsurance exchange contracts preclude the application of the retaliatory statute.

The facts are not in dispute and have been embodied in a stipulation of the parties. The three…