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ARIO v. INGRAM MICRO, INC.

Nos. 19 MAP 2006, 20 MAP 2006, 21 MAP 2006, 22 MAP 2006.

965 A.2d 1194 (2009)

Joel S. ARIO, Insurance Commissioner of the Commonwealth of Pennsylvania, In His Official Capacity as Liquidator of Reliance Insurance Company, Appellant v. INGRAM MICRO, INC., Appellee. Joel S. Ario, Insurance Commissioner of the Commonwealth of Pennsylvania, In His Official Capacity as Liquidator of Reliance Insurance Company, Appellant v. Mitsui & Co. (U.S.A.), Inc., Appellee. Joel S. Ario, Insurance Commissioner of the Commonwealth of Pennsylvania, In His Official Capacity as Liquidator of Reliance Insurance Company, Appellant v. H.J. Heinz Company, H.J. Heinz Company, L.P., H.J. Heinz Finance Company, and Portion Pac, Inc., Appellees. Joel S. Ario, Insurance Commissioner of the Commonwealth of Pennsylvania, In His Official Capacity as Liquidator of Reliance Insurance Company, Appellant v. Apple Computer, Inc., Appellee.

Supreme Court of Pennsylvania.

Decided February 23, 2009.

Attorney(s) appearing for the Case

Charlotte E. Thomas, Esq., Andrew A. Chirls, Esq., Stephanie Lynn Kosta, Esq., Amy Onder, Esq., Philadelphia, for Joel S. Ario, Acting Insurance Commissioner of the Commonwealth of the Pennsylvania (Nos. 19 MAP 2006, 20 MAP 2006, 21 MAP 2006, 22 MAP 2006).

Frederick P. Santarelli, Esq., Roger J. Harrington, Jr., Esq., Elliott Greenleaf & Siedzikowski, P.C., Blue Bell, for Ingram Micro Inc. (19 MAP 2006).

Rudolph Joseph DiMassa, Jr., Esq., Duane Morris, L.L.P., Philadelphia, for Mitsui & Co. (U.S.A.), Inc. (20 MAP 2006).

Rudolph Joseph DiMassa, Jr., Esq., Duane Morris, L.L.P., Philadelphia, for H.J. Heinz Company, et al., (21 MAP 2006).

Frederick P. Santarelli, Esq., Elliott Greenleaf & Siedzikowski, P.C., Philip S. Warden, Esq., Blue Bell, for Apple Computer Inc., (22 MAP 2006).

BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD and McCAFFERY, JJ.

OPINION

Justice TODD.

In this direct appeal from a single-judge Commonwealth Court order, we consider whether an insurer's pre-liquidation payment for a covered loss to an insured constitutes a preference, and thus is recoverable by a liquidator of the insurer pursuant to 40 P.S. § 221.30(a). For the reasons stated below, we conclude a payment made by an insurer to an insured in the ordinary course of business does not constitute antecedent debt...

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