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IN THE MATTER OF ELECTRIC MUTUAL LIABILITY INSURANCE COMPANY, LTD. (NO. 1)

426 Mass. 362 (1998)

IN THE MATTER OF ELECTRIC MUTUAL LIABILITY INSURANCE COMPANY, LTD. (No. 1).

Supreme Judicial Court of Massachusetts, Suffolk.

January 5, 1998.

Attorney(s) appearing for the Case

J. David Leslie, Special Assistant Attorney General (Eric A. Smith, Special Assistant Attorney General, with him) for Commissioner of Insurance.

Thomas S. Martin, of New York, for Electric Mutual Liability Insurance Company, Ltd.

Nick J. DiGiovanni, of Illinois (Alice E. Richmond with him) for certain underwriters at Lloyd's, London.

Scott P. Lewis for Kemper Reinsurance Company.

John A. Nadas & Michael H. Bunis, for Electric Insurance Company, submitted a brief.

Daniel R. Murdock, Dan K. Webb, & Lori Van Auken, of New York, & Robert W. Mahoney, Mark G. Matuschak & Patrick S. Shin, for General Electric Company, submitted a brief.

The following submitted briefs for amici curiae:

Jason Adkins & Richard DuBois for Center for Insurance Research.

E. Michael Sloman for Commercial Union Insurance Company.

Present: ABRAMS, LYNCH, GREANEY, & IRELAND, JJ.

ABRAMS, J.

At issue is the interpretation of G. L. c. 175, § 49A, which authorizes a domestic insurer to "transfer its domicile to any other state." The Commissioner of Insurance (commissioner) authorized a domestic insurance company to transfer its domicil to Bermuda. Subsequently the commissioner filed a petition pursuant to G. L. c. 175, 180C (entitled "Liquidation of Domestic Company") in the county court seeking to be appointed the United States receiver...

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