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LEVINSON v. FIRST DELAWARE INS. CO.

549 A.2d 296 (1988)

The Honorable David N. LEVINSON, Insurance Commissioner of the State of Delaware, Defendant Below, Appellant, v. FIRST DELAWARE INSURANCE COMPANY, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: October 17, 1988.

Attorney(s) appearing for the Case

Regina M. Mullen and David W. Lynch, Deputy Attys. Gen., Wilmington, for appellant.

Grover C. Brown, Morris, James, Hitchens & Williams, Wilmington, for appellee.

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

HORSEY, Justice:

In a declaratory judgment action, the Superior Court granted summary judgment in favor of First Delaware Insurance Company ("First Delaware") and against the Delaware Insurance Commissioner ("Commissioner"). The Superior Court in a bench ruling held that the Commissioner had no authority: (1) to require First Delaware to have paid-in capital and free surplus greater than that required by 18 Del.C....

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