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MONGELLI v. OREGON LIFE AND HEALTH GUAR. ASS'N

85-2708; CA A40021.

737 P.2d 633 (1987)

85 Or.App. 518

Anthony H. MONGELLI, Larry Stratton, Sid Stoddard, Zanley Galton, Dale Williams, and Alan R. Halamay, Trustees of Shopmen's Local No. 516 Pension Trust and Employers-Shopmen's Local No. 516 Pension Trust, Appellants, v. OREGON LIFE AND HEALTH GUARANTY ASSOCIATION, a Non-Profit Organization, and Josephine Driscoll, Insurance Commissioner for the State of Oregon, Respondents.

Court of Appeals of Oregon.

Decided May 27, 1987.

Attorney(s) appearing for the Case

Frank M. Parisi, Portland, argued the cause, for appellants. With him on the briefs was Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.

Jerome Lidz, Asst. Atty. Gen., Salem, argued the cause, for respondents. On the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Linda DeVries Grimms, Asst. Atty. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Petitioners filed a petition for review of a final agency order and in the alternative for an alternative writ of mandamus to compel the Oregon Insurance Commissioner (commissioner) to assume the duties of the Oregon Life and Health Insurance Guaranty Association (association) and to reimburse petitioners for losses incurred due to the insolvency of a foreign insurance company.

The association consists of all life and health insurance companies...

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