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CLARK AND CO., INC. v. DEPT. OF INS.

No. AQ-186.

436 So.2d 1013 (1983)

CLARK AND COMPANY, INC., Appellant, v. The DEPARTMENT OF INSURANCE AS RECEIVER OF EASTERN INSURANCE COMPANY and the Florida Insurance Guaranty Association, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied September 13, 1983.

Attorney(s) appearing for the Case

Robert E. Gibson, Tallahassee, for appellant.

Dennis K. Threadgill and Robert E. Sheridan, Tallahassee, for appellee Dept. of Ins.

R. Lee Smith and Paul M. Harden, Jacksonville, for appellee Florida Ins. Guar. Ass'n.

ERVIN, Chief Judge.

Appellant, Clark and Company, Inc. (Clark), appeals from a final order denying its petition for priority in the distribution of reinsurance proceeds owed to Eastern Insurance Company (Eastern), an insolvent Florida insurer now in receivership, contending that it is entitled to a priority under any of three theories: (1) as a third-party beneficiary; (2) as an exception, recognized by this court, to the general rule regarding distribution of reinsurance...

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