Imperial Mutual Life Insurance Co. v. Caminetti
Imperial Mutual Life Insurance Co. v. Caminetti
Opinion of the Court
his is an appeal from a judgment granting a peremptory writ of mandate. The proceeding was instituted by Imperial Mutual Life Insurance Company, a corporation (hereinafter referred to as petitioner) against A. Caminetti, Jr., Insurance Commissioner of the State of California (hereinafter referred to as the commissioner), to compel the latter to issue to petitioner a certificate of authority or license to do
By stipulation, this cause was tried upon the record made in the case of Caminetti v. Imperial Mutual Life Insurance Company in which case we have this date filed an opinion (ante, p. 476 [139 P.2d 681]) and to which case reference is made for a comprehensive and detailed statement of the factual background surrounding this litigation. Following the trial, the court entered judgment directing the commissioner to issue to petitioner a renewal certificate of authority to transact business as an insurance company for the period ending July 1, 1942.
In addition to the facts recited in the case above referred to, it may aid the clarity of this opinion to here state that petitioner has been engaged in a mutual insurance business in this state since about 1927, from which date until 1941, such business was conducted pursuant to a certificate of authority originally issued by the commissioner and renewed each year thereafter until 1940. Section 701 of the Insurance Code provides that such a certificate shall expire on the first day of July after its issuance, unless sooner revoked.
The Insurance Commissioner did not issue the renewal of the license for the period July 1, 1940, to July 1, 1941, but by stipulation with petitioner did extend its certificate of authority from time to time, the last extension by stipulation expiring June 15, 1941. It was during the time covered by these stipulations that a controversy arose between petitioner and the commissioner with respect to the proper interpretation of certain statutes and petitioner’s outstanding policy provisions with respect to the reserves it was required to maintain on such outstanding policies. This controversy gave rise to the litigation which forms the basis of Caminetti v. Imperial Mutual Life Insurance Company, this day decided (ante, p. 476 [139 P.2d 681]). On June 6, 1941, petitioner, on a regular form supplied to it by the commissioner, made application for renewal of its certificate of authority for the period from July 1, 1941, to July-1, 1942, accompanying the said application with the regular fee required for the renewal of its license. The commissioner refused to further extend the company’s certificate of authority after June 15, 1941, or to renew the certificate of authority for the period from July 1, 1941, to July 1, 1942. On June 13, 1941, peti
For a first ground of appeal the commissioner contends that insofar as the writ of mandate applies to the fiscal year 1941-1942, the petition therefor was prematurely filed. Such petition was filed June 12, 1941, and prayed for a writ directing the issuance of certificates of authority for the fiscal years 1940-1941 and 1941-1942. As heretofore noted, when the cause came on for trial the first named fiscal year had expired and the judgment entered herein on March 7, 1942, directed the commissioner to issue a renewal certificate of authority “For the period ending January 1, 1942.” Appellant commissioner urges that by its petition filed June 12, 1941, respondent was restricted to sue for the renewal of its certificate for the balance of the fiscal year 1940-1941, or the remainder of such period from June 15th, when the stipulation between the parties expired, and June 30, 1941. It is true, as contended by the commissioner, that section 701 of the Insurance Code provides that every such certificate shall expire on the first day of July after its issuance, and it cannot be questioned that the general rule is that the act sought to be compelled by mandamus must be one to the performance of which the party is entitled at the time the proceeding in mandate is instituted (McGinnis v. Mayor and Common Council of City of San Jose, 153 Cal. 711, 715 [96 P. 367]), but that rule is subject to a kindred rule that man
Appellant commissioner next complains of the action by the court in rejecting evidence showing that two of the officers and directors of the insurance company had been convicted of a felony in a federal court prosecution wherein they entered pleas of nolo contendere. In the instant mandate proceeding the court grounded its ruling on the fact that the matter of such conviction was not set up in the pleadings filed by the commissioner. An oral motion for leave to file an amended answer including such an averment was denied by the court. It becomes unnecessary to pass upon appellant commissioner’s claim that in denying such motion the court abused its discretion. In view of what was said by us in Imperial Mutual Life Insurance Co. v. Caminetti, ante, p. 494 [139 P.2d 693]), this day decided, concerning the inadmissibility of such evidence because of the pleas of nolo contendere entered in the criminal proceeding in question, it follows that had the court permitted appellant to file the requested amendment to his answer, the conviction relied upon could not aid appellant, and would not have constituted grounds upon which he could legally predicate a denial of petitioner’s application for a renewal of its certificate of authority to do business.
For the foregoing reasons the judgment appealed from is modified by striking therefrom that portion thereof reading as follows: “It is further ordered, adjudged and decreed that petitioner herein, Imperial Mutual Life Insurance Company, have and recover of and from the State of California, damages in the sum of Seven Thousand Five Hundred Dollars ($7,500).” As so modified, the judgment is affirmed. Neither party to recover costs on appeal.
York, P. J., concurred.
Concurring Opinion
I concur in that part of the decision which
A petition for a rehearing was denied July 28, 1943. Doran, J., voted for a rehearing. Appellant’s petition for a hearing by the Supreme Court was denied August 26, 1943.
Reference
- Full Case Name
- IMPERIAL MUTUAL LIFE INSURANCE COMPANY (A Corporation), Respondent, v. A. CAMINETTI, JR., as Insurance Commissioner, Etc., Appellant
- Cited By
- 10 cases
- Status
- Published