STATE EX REL. LOW v. IMPERIAL INS. CO.

Nos. 1 CA-CIV 5829, 1 CA-CIV 5909.

140 Ariz. 426 (1984)

682 P.2d 431

STATE of Arizona, ex rel. J. Michael LOW, Director of Insurance, Plaintiff-Appellant, David G. Yates, Conservator of William D. Yates, a minor; Lois J. Agnew; Bret A. Batchelor, Conservator of Lisa Renee Batchelor, a minor; Richard H. and Sharon Hardman; Nancy G. Corey, individually, and as guardian of Karen M. Corey; Rosalie and Victor Yurk; David H. and Susan Smith; Lloyd and Ruth Bingham; and Henry O. and Nellie T. Sanchez; John and Virginia Musa; Glenda Worsham, individually and on behalf of Chanita Lynn Engleke and Choya Lin Worsham, her minor daughter and son; Richard Todd, a minor, by and through his mother, Kathy A. Todd Hansen; Darrell and Geanna Smith, surviving parents of Kent E. Smith, Claimants-Appellants, v. IMPERIAL INSURANCE COMPANY, a California corporation, By and Through the INSURANCE COMMISSIONER OF the STATE OF CALIFORNIA, as Domiciliary Liquidator of Imperial Insurance Company, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department A.

Review Denied May 3, 1984.


Attorney(s) appearing for the Case

McGowan & Johnson by Rodney G. Johnson, Phoenix, for plaintiff-appellant State of Ariz. ex rel. Low.

Hofmann, Salcito, Stevens & Myers, P.A. by Leroy W. Hofmann, Phoenix, for claimants-appellants.

G. David Gage Ltd., P.C. by G. David Gage, Phoenix, for claimants-appellants and claimants-appellants Yurk.

Robbins & Green, P.A. by Phillip A. Robbins, Phoenix, for claimants-appellants Corey.

Nicholas C. Guttilla, P.C. by Nicholas C. Guttilla, Phoenix, for defendant-appellee.

Lewis & Roca by Paul G. Ulrich, Merton Marks, Phoenix, and Charles W. Havens, III, Richard J. Brooks, Franklin W. Nutter, Washington, D.C., for amicus curiae Reinsurance Ass'n of America.


OPINION

CONTRERAS, Judge.

This case presents questions of first impression in Arizona with respect to the administration of reinsurance proceeds. Specifically, we are called upon to determine whether (1) reinsurance proceeds payable to an insolvent California insurer by reason of claims arising in Arizona are general assets vested solely in the domiciliary receiver in California and (2) whether Arizona claimants who have filed their claims with the California...

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