Caminetti v. Imperial Mutual Life Insurance

WHITE, J. Respondent moves to dismiss an appeal taken from what is designated and titled an “interlocutory judgment” rendered against appellant in the above entitled action. The record before us discloses that on June 16, 1941, appellant, acting in his official capacity as Insurance Commissioner of the State of California, filed an application pursuant to the provisions of section 1011 of the Insurance Code for the appointment of a conservator and directing said Insurance Commissioner as such conservator to take possession of respondent Imperial Mutual Life Insurance Company, a corporation. Upon issuance of such order, appellant commissioner took possession of the books, records and property of respondent insurance company and proceeded to conduct, as conservator, respondent’s insurance business. Thereafter, and pursuant to the provisions of section 1012 of the Insurance Code, respondent insurance company made application to the superior court for an order permitting it to resume title and possession of its property and the conduct of its business. The last mentioned code section provides that the order granted pursuant to section 1011 of the Insurance Code shall continue in force and effect until an application such as was made by respondent insurance company herein is filed, and “it shall, after a full hearing, appear to said court that the ground for said order directing the commissioner to take title and possession does not exist or has been removed and that said person can properly resume title and possession of its property and the conduct of its business.”

Upon conclusion of such hearing the superior court rendered its judgment, denominated “interlocutory”, wherein it was recited that the ground for the commissioner’s action in taking over the respondent’s business did not exist or had been removed, and that the insurance company could properly resume possession of its property and conduct of its business ; that the order issued by the court on June 16, 1941, in accordance with Insurance Code, section 1011, appointing the commissioner as conservator, be terminated and cancelled and the conservatorship created by such order be dissolved; and [516]that the said insurance company take immediate possession of its properties; that the commissioner forthwith restore such properties to respondent. Following the foregoing, the judgment provided:

“The court retains jurisdiction of the matter for the purpose of entering a final judgment, upon motion of either party or on the court’s own motion, such final judgment to make final disposition of this proceeding and the property and affairs of the respondent company, and which final judgment may be in accord with the interlocutory judgment or different therefrom, depending upon such further showing as may be made to the court.