KOKEN v. FIDELITY MUT. LIFE INS. CO.


803 A.2d 807 (2002)

M. Diane KOKEN, Insurance Commissioner of the Commonwealth of Pennsylvania, v. FIDELITY MUTUAL LIFE INSURANCE COMPANY.

Commonwealth Court of Pennsylvania.

August 9, 10, 1999.

September 21, 1999.

Decided May 22, 2002.

Publication Ordered June 14, 2002.


Attorney(s) appearing for the Case

Thomas A. Leonard, Richard A. Limburg and E. Perry Warner, Philadelphia, for petitioner.

Gary R. Leadbetter, Norristown, for respondent.

Robert H. Levin, Philadelphia, for policyholder's Committee.

Clare Ann Fitzgerald, Philadelphia for Capital Analysts.

Michael W. McTigue, Jr., Philadelphia, for Tri-Links Inv. Trust, Kesington Intern. Ltd. and Springfield Assoc., LLC.


Opinion by President Judge COLINS.

Before the Court for disposition is the request of the Insurance Commissioner of Pennsylvania, as statutory Rehabilitator of the Fidelity Mutual Life Insurance Company (Fidelity Mutual),1 for approval of her Third Amended Plan of Rehabilitation, as modified (Plan).2 Objections to the Plan have been filed by the Policyholders' Committee...

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