REMCO INS. CO. v. STATE INS. DEPT.


519 A.2d 633 (1986)

REMCO INSURANCE COMPANY, a Delaware corporation and a domestic insurance company, Respondent, Appellant, v. The STATE of Delaware INSURANCE DEPARTMENT, the Honorable David N. Levinson, Insurance Commissioner of the State of Delaware, Petitioner, Appellee.

Supreme Court of Delaware.

Decided: December 9, 1986.


Attorney(s) appearing for the Case

Paul H. Boswell and William A. Denman (argued), of Schmittinger & Rodriguez, P.A., Dover, and S. Walter Foulkrod of Foulkrod, Reynolds & Havas, Harrisburg, Pa., for appellant.

David W. Lynch, Deputy Atty. Gen., Dover, for appellee.

Before CHRISTIE, C.J., HORSEY and WALSH, JJ.


CHRISTIE, Chief Justice:

This appeal concerns the question of whether it was error or an abuse of discretion for the Court of Chancery to appoint appellee, the Delaware Insurance Commissioner (Commissioner), receiver for appellant Remco Insurance Company (Remco) under the provisions of 18 Del.C. §§ 5901-5932. Remco contends that the Court of Chancery erred in appointing the Commissioner as a receiver because the Commissioner did not first exhaust...

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