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WASATCH CREST INS. v. LWP CLAIMS ADM'RS

No. 20051102.

158 P.3d 548 (2007)

2007 UT 32

WASATCH CREST INSURANCE CO., in Liquidation; Wasatch Crest Mutual Insurance Co., in Liquidation; and D. Kent Michie, Liquidator, Plaintiffs and Appellants, v. LWP CLAIMS ADMINISTRATORS CORP., a California corporation; and LWP Claims Solutions, Inc., a California corporation, Defendants and Appellees.

Supreme Court of Utah.

April 6, 2007.

Attorney(s) appearing for the Case

John P. Harrington, Cecilia M. Romero, J. Ray Barrios, Jr., Salt Lake City, for plaintiffs.

Edwin C. Barnes, Charles R. Brown, Jennifer A. James, Salt Lake City, for defendants.

WILKINS, Associate Chief Justice:

¶ 1 On direct appeal from the district court's grant of summary judgment, the Utah Insurance Commissioner, as court-appointed liquidator (the "Liquidator"), seeks to recover, on behalf of two liquidating insurance companies, payments made by the companies to a former affiliate. Utah Code section 31A-27-322 allows a liquidator to recover "from any affiliate that controlled [a liquidating] insurer the amount of distributions ....

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