BEERY v. AMERICAN LIBERTY INSURANCE COMPANY

No. 19939.

375 P.2d 93 (1962)

Sam N. BEERY, Commissioner of Insurance, State of Colorado, Plaintiff in Error, v. AMERICAN LIBERTY INSURANCE COMPANY, an Alabama corporation, Defendant in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied October 1, 1962.


Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Robert G. Pierce, Asst. Atty. Gen., State of Colorado, Denver, for plaintiff in error.

McCarthy & White, Denver, for defendant in error.


McWILLIAMS, Justice.

The several parties involved in this litigation will hereinafter be referred to as follows: Samuel N. Beery, Commissioner of Insurance for the State of Colorado, as Commissioner; American Liberty Insurance Company, an Alabama corporation, as American; and Merchants Fire Insurance Company, a Colorado corporation, as Merchants.

In 1961 the Commissioner filed a claim against American, which in 1960 acquired all the assets and assumed all...

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