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eBook details

• Title: Mcmahon v. Cooney Et Al.
• Author : Supreme Court of Montana
• Release Date : January 25, 1933
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

State ? State Board of Examiners ? Fire Insurance on State Property ? Foreign Mutual Fire Insurance Companies ? Right to Write Single Cash Premium Policies ? Constitutional Law ? Statutes ? Discrimination ? Who may not Question Constitutionality ? Estoppel ? Evidence ? Presumptions. State ? Fire Insurance Covering State Property ? Power of State to Enter into Contracts With Foreign Mutual Insurance Companies ? Constitutional Law. 1. Held, that the state may lawfully enter into contracts of fire insurance covering state property with foreign mutual companies, licensed to do business therein, if the premiums to be paid are definite and certain and no contingent or additional liability is created thereby, without offending against the provision of section 1, Article XIII, Constitution, prohibiting the state from giving or loaning its credit to companies or corporations. Fire Insurance ? Right of Mutual Companies to Write Single Cash Premium Policies. 2. The general rule is that mutual fire insurance companies may write single cash premium policies in the absence of express statutory prohibition. Evidence ? Presumptions. 3. One presumption may be of greater dignity than another and overcome the latter. Same ? When Disputable Presumption Satisfactory. 4. A statutory disputable presumption, such as that the law has been obeyed (sec. 10606, subd. 33, Rev. Codes 1921) is satisfactory if uncontradicted; the sufficiency of sworn testimony to overcome such a presumption is a question for the trier of facts, except where the facts proved are overwhelmingly against the presumed facts and permit of but one rational and reasonable conclusion. Corporations ? Presumptions That Acts not Ultra Vires and That Bylaws Valid. 5. The presumption (rebuttable in character) is that the acts of a corporation are not ultra vires, and that its by-laws are valid. Fire Insurance ? Foreign Mutual Companies ? Right to Write Single Cash Premium Policies ? Presumptions. 6. Held, under the above rules relating to presumptions, that where the authority of foreign mutual fire insurance companies

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