Bullion v. Aetna Insurance
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court, J. E. Martineau, Chancellor; Losses paid, rather than losses incurred, are used by the Commissioner in his calculations. Income and excess profits taxes are not allowed as an expense. No allowance is made for conflagration hazard. The law should be liberally construed.
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Appeal from Pulaski Chancery Court, J. E. Martineau, Chancellor; Losses paid, rather than losses incurred, are used by the Commissioner in his calculations. Income and excess profits taxes are not allowed as an expense. No allowance is made for conflagration hazard. The law should be liberally construed. C. & M. Dig., sec. 9728. The purpose of construction is to ascertain the legislative intent. 84 Ark. 411; 106 Ark. 377. Regard must be had for the known object of the statute and evil intended to be provided against. 5 Ark. 536; 25 Ark. 101; 34 Ark. 555. Such construction should be placed on…
1Opinion of the CourtSmith, J.
Appellees, who were plaintiffs below, are corporations organized under the laws of the various States of the Union, and all of them are doing a fire insurance business in this State; and all of them were so engaged on December 31, 1919; and most of them have been so engaged for a period of more than five years prior to December 31, 1919. All these corporations are members of the Arkansas Fire Prevention Bureau, and are all the insurance companies now doing a stock fire insurance business in this State.
These corporations brought this suit to have adjudicated the duties of the Insurance…
2Cited by10 opinions
- State Ex Rel. Commissioner of Insurance v. North Carolina Rate BureauSupreme Court of North Carolina · 1980
- Pennsylvania Insurance Department v. PhiladelphiaSuperior Court of Pennsylvania · 1961
- Ætna Insurance v. TravisSupreme Court of Kansas · 1927
- Glover v. Hot Springs Kennel ClubSupreme Court of Arkansas · 1959
- VIRGINIA STATE AFL-CIO v. CommonwealthSupreme Court of Virginia · 1969
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