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Wisconsin
In the Matter of the Liquidation of All‐Star Ins. Corp., 110 Wis.2d 72, 327 N.W.2d
648 (1983) on remand 332 N.W.2d 828, 112 Wis.2d 329 (1982), appeal dismissed
103 S. Ct. 2419. The court held that the Wisconsin state courts had personal
jurisdiction pursuant to special jurisdictional statute for liquidation proceedings
over two non‐resident insurance agencies for collection of unearned premiums
since the insurance agencies were linked to Wisconsin by virtue of their agency
contracts with the insolvent insurer. Neither agency was licensed to do
business in Wisconsin nor had a place of business in Wisconsin. However,
Wisconsin had a manifest interest in providing an efficient and inexpensive
forum in which to liquidate a domestic insurance company including the
pursuit of its assets, and the burden on non‐residents insurance agencies to
defend in Wisconsin was not unreasonable.
Filing Fees and Exemptions
California
Mitchell v. Taylor, 3 Cal.2d 217, 43 P.2d 803 (1935). The court of appeals held
that the insurance commissioner did not have to pay the statutory fee for the
filing of a transcript. In dicta, the court stated that the insurance commissioner
is not a mere private trustee or receiver dependent upon the appointing court
for its powers. The commissioner is a state officer, performing duties
conferred by statute, and in their performance the commissioner acts on
behalf of the state.
New York 1939 Op. N.Y. Att'y Gen. 225. When acting as a liquidator, the insurance
commissioner is required to pay fees for the service of process through the
Secretary of State.
1950 Op. N.Y. Att'y Gen. 189. The Secretary of State may not file a certificate of
dissolution of a wholly‐owned subsidiary of a corporation in liquidation for the
insurance commissioner without paying the prescribed filing fee.
1977 Op. N.Y. Att'y Gen. 248. The insurance code exempts the insurance
commissioner from having to pay a fee when submitting civil papers pursuant
to the exercise of any of the powers or duties conferred upon the
commissioner by Article 16 (now Art. 74) of the insurance code.
In the Matter of Louis H. Pink v. Ransom, 273 N.Y. 617 (1937). The insurance
commissioner moved to compel the county clerk to file a proposed judgment
rule in the commissioner's office without the payment of fees. The motion
was denied, and the court held that the exemption from payment of recording
fees is confined to orders and papers in proceedings authorized the Insurance
Code.
Pink v. Ransom, 273 N.Y. 617, 7 N.E.2d 722 (1937). The insurance code did not
exempt the insurance commissioner from having to pay a fee when filing a
proposed judgment roll when acting as the liquidator of an insurance company
to collect premiums due under a liability policy. The code exempts only orders
and papers in direct proceedings authorized by the insurance code. [Note:
This case was based on the predecessor statute to the current Section 7422.
Its wording differs greatly from the current statute.]
Van Schaick v. Marinelli, 243 A.D. 7, 276 N.Y.S. 241 (1934). The court found that
the transcript of a judgment, obtained by the insurance commissioner as
liquidator, was a paper or an instrument relating to a liquidation proceeding