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SMITH v. OHIO VALLEY INS. CO.

No. 71-236.

27 Ohio St. 2d 268 (1971)

SMITH, SUPT. OF INSURANCE, APPELLANT, v. OHIO VALLEY INS. CO. ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 21, 1971.

Attorney(s) appearing for the Case

Mr. William J. Brown, attorney general, and Mr. William M. Lane, for appellant.

Messrs. Crabbe, Newlon, Potts, Schmidt, Brown & Jones and Mr. William L. Schmidt, for appellee, Buckeye Union Insurance Company.

Messrs. Vorys, Sater, Seymour & Pease, for appellee Ohio Insurance Guaranty Association.

Stewart & DeChant, Co., L. P. A., and Mr. Thomas H. DeChant, for appellees Ken Bailey et al.

LEACH, J.

At issue in this case is the applicability of the Ohio Insurance Guaranty Association Act, R. C. Chapter 3955, which became effective September 4, 1970, as to claims against an insolvent insurance company (Ohio Valley Insurance Company), where such claims existed prior to September 4, 1970, where the company from December 31, 1969, on "was [continuously] insolvent in the sense that it did not possess sufficient assets with which to discharge its liabilities...

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