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STATE EX REL. HAGER v. CARRIERS INS. CO.

No. 88-986.

440 N.W.2d 386 (1989)

STATE of Iowa ex rel. William D. HAGER, Commissioner of Insurance of the State of Iowa, Appellee, v. CARRIERS INSURANCE COMPANY, Defendant. William D. HAGER, As Liquidator of Carriers Insurance Company, Appellee, v. John RUAN, John Ruan III, Larry L. Miller and Herman C. Kilpper, Appellants, v. STATE of Iowa, Defendant.

Supreme Court of Iowa.

May 17, 1989.

Attorney(s) appearing for the Case

Mark McCormick, Roger T. Stetson, and Donald G. Henry of Belin, Harris, Helmick, Tesdell, Lamson & McCormick, Des Moines, for appellants.

Eugene Davis and Richard E. Haesemeyer (of counsel) of Davis, Grace, Horvath, Gonnerman & Rouwenhorst, P.C., Des Moines, and Leon R. Shearer and John D. Hintze of Shearer, Hintze & Templer, West Des Moines, for appellee.

Considered by HARRIS, P.J., and LARSON, NEUMAN, SNELL, and ANDREASEN, JJ.

LARSON, Justice.

This is an interlocutory appeal from an order denying a motion to quash an administrative subpoena issued by the liquidator of an insolvent insurance company under the authority of Iowa Code section 507C.21(1)(e) (1987). We reverse and remand for an order quashing the subpoena.

When an insurance company becomes insolvent, Iowa law provides that the commissioner of insurance shall act as liquidator to take possession of the assets and administer...

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