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COMMISSIONER OF INSURANCE v. MUNICH AMERICAN REINSURANCE COMPANY

429 Mass. 140 (1999)

COMMISSIONER OF INSURANCE, receiver, v. MUNICH AMERICAN REINSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

March 5, 1999.

Attorney(s) appearing for the Case

Eric A. Smith for the plaintiff.

David M. Spector, of Illinois (Eric M. Phillips, of Illinois, & James S. Harrington with him) for the defendant.

The following submitted briefs for amici curiae:

Joseph C. Tanski & Steven Y. Quintero for Massachusetts Insurers Insolvency Fund.

Debra J. Hall & Anthony J. Mormino, of the District of Columbia, for Reinsurance Association of America.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

WILKINS, C.J.

A judge of the United States District Court for the District of Massachusetts has certified two questions to this court, pursuant to S.J.C. Rule 1:03, as appearing in 382 Mass. 700 (1981). These questions are posed in connection with a complaint for declaratory relief filed by the Commissioner of Insurance as permanent receiver of two insolvent Massachusetts insurance companies, American Mutual Liability Insurance...

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