Kueckelhan v. Federal Old Line Insurance ( 1966 )

Hunter, J.

(concurring in part and dissenting in part). I concur in the majority’s determination that the appellant insurance company is in violation of our applicable regulatory state statutes. I dissent to the final disposition of the case by the majority.

By reason of the unprecedented industrial development on the west side of this state, this court should take judicial notice of the substantial increase in value of real-estate assets of the appellant insurance company since the audit by the respondent Insurance Commissioner in 1963.

It is obviously much more desirable for the appellant to correct its own operations in the regular course of its business for compliance with our state statutes than for the respondent to take over the appellant’s operations.

The record shows there has been a dispute as to whether the appellant’s operations have been in violation of state statutes. Now that this dispute has been resolved by this court it would be much more advantageous in the protection of the appellant’s assets, for voluntary compliance by the appellant in light of the majority opinion, than by saddling the appellant with costs incident to a take-over by the respondent.

I would remand this case to the trial court with direction that the order directing rehabilitation be stayed, granting the appellant an additional 90 days for compliance consistent with the majority opinion.

November 22, 1966. Petition for rehearing denied.