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EMP. INS. OF WAUSAU v. COM'R OF DEPT. OF INS.

No. 2-183A11.

452 N.E.2d 441 (1983)

EMPLOYERS INSURANCE OF WAUSAU, Petitioner-Appellant, v. COMMISSIONER OF THE DEPARTMENT OF INSURANCE, Department of Insurance, State of Indiana, Liquidator & Plaintiff-Appellees, and Comparison National Insurance Co. of America, Non-Participating Appellee.

Court of Appeals of Indiana, First District.

August 18, 1983.

Attorney(s) appearing for the Case

Thomas D. Titsworth, Francis J. Gantner, John M. Rogers, Bamberger & Feibleman, Indianapolis, for petitioner-appellant.

James L. Tuohy, William J. Wood, Wood Tuohy Gleason Mercer & Herrin, Indianapolis, for appellees.

RATLIFF, Judge.

STATEMENT OF THE CASE

The Marion County Superior Court, pursuant to Indiana Rules of Procedure, Trial Rule 12(B)(6), dismissed the Petition to Surcharge Rehabilitator filed by the appellant-petitioner, Employers Insurance of Wausau (Employers), against the Commissioner of the Department of Insurance (Commissioner), in his official capacity as Rehabilitator and Liquidator of Comparison National Insurance Company of America (Comparison).

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