State Insurance Board v. Hospital Mutual, Inc.

This is an action in mandamus by Hospital Mutual, Inc., hereinafter called plaintiff, to compel the Insurance Board of the State of Oklahoma, hereinafter termed defendant, to issue an annual license for the year 1936. The defendant had refused to issue a license because the plaintiff had failed to create a surplus sufficient to protect its policyholders against contingent liabilities.

On May 23, 1936, after a hearing upon the alternative writ, the trial court issued a peremptory writ directing that “* * * license to conduct its business for the fiscal year of 1936 * * *” be issued to the…