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ILLINOIS INS. GUAR. FUND v. RELIANCE INS.

No. 6 REL 2011, No. 7 REL 2011, No. 8 REL 2011

88 A.3d 313 (2014)

ILLINOIS INSURANCE GUARANTY FUND, Objector, v. RELIANCE INSURANCE COMPANY IN LIQUIDATION, Respondent, Delaware Insurance Guaranty Association, Objector, v. Reliance Insurance Company in Liquidation, Respondent, Pennsylvania Property and Casualty Insurance Association, Objector, v. Reliance Insurance Company in Liquidation, Respondent. (Ancillary Matters to In re: Reliance Insurance Company in Liquidation, No. 1 REL 2001).

Commonwealth Court of Pennsylvania.

Decided March 21, 2014.

Attorney(s) appearing for the Case

Steven B. Davis and Karl S. Myers , Philadelphia, for plaintiff Michael F. Consedine, Insurance Commissioner of Pennsylvania.

Steven T. Witmer , Chicago, IL, for objectors.

BEFORE: DAN PELLEGRINI, President Judge, and BONNIE BRIGANCE LEADBETTER, Judge, and COHN JUBELIRER, Judge, and ROBERT SIMPSON, Judge, and MARY HANNAH LEAVITT, Judge, and PATRICIA A. McCULLOUGH, Judge and ANNE E. COVEY, Judge.

OPINION BY Judge LEADBETTER.

The Guaranty Associations (GAs) from Illinois, Delaware and Pennsylvania each object to the Liquidator's notices of determination (NODs) assigning a priority level (e) and a valuation of $0 to each of the GA's claims for expenses related to investment of guaranty fund assets.1 A referee assigned to hear the consolidated cases recommended affirmance of the Liquidator's determinations. After the GAs each took...

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