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STATE EX REL. DRISCOLL v. EARLY AM. INS. CO.

85-0371; CA A38265.

733 P.2d 919 (1987)

84 Or.App. 252

STATE of Oregon, ex rel. Josephine M. Driscoll, Insurance Commissioner for Oregon, Appellant, v. EARLY AMERICAN INSURANCE COMPANY, an Alabama Corporation, Respondent.

Court of Appeals of Oregon.

Decided March 11, 1987.

Attorney(s) appearing for the Case

Kathleen Dahlin, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the briefs were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Christine L. Dickey, Asst. Atty. Gen., Salem.

James W. Webb and Michael M. Eley, Montgomery, Ala., and Richard W. Condon, Salem, filed the brief for respondent.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

VAN HOOMISSEN, Judge.

The Insurance Commissioner appeals a trial court order directing her to transfer a $30,000 insurance deposit to the domiciliary receiver of Early American Insurance Company in Alabama. We reverse.

Early American, an Alabama domiciliary, was licensed to sell insurance in Oregon. Pursuant to ORS 731.624,1 it deposited $90,000 in certificates of deposit with the State Treasurer in order to be eligible to write...

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