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NORTHWESTERN NAT. INS. CO. v. KEZER

No. 89CA1188.

812 P.2d 688 (1990)

NORTHWESTERN NATIONAL INSURANCE COMPANY, Plaintiff-Appellant, v. John KEZER, Insurance Commissioner for the State of Colorado, and Robert D. Balzano, Special Deputy Commissioner of Insurance and Receiver for Aspen Indemnity Corporation, in Liquidation, a Colorado domestic insurer, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

Rehearing Denied January 17, 1991.

Certiorari Denied July 9, 1991.

Attorney(s) appearing for the Case

Wittman and McCord, Sherwin V. Wittman, II, Colorado Springs, Cynthia J. Hyman, Denver, for plaintiff-appellant.

Frank & Finger, P.C., Thomas Frank, Evergreen, for defendants-appellees.

Opinion by Judge CRISWELL.

In delinquency proceedings under the Uniform Insurers Liquidation Act, § 10-3-501, et seq., C.R.S. (1987 Repl.Vol. 4A), the plaintiff, Northwestern National Insurance Co., appeals from the trial court's declaratory judgment that denied preference under § 10-3-507(3)(c), C.R.S. (1987 Repl.Vol. 4A) to its claims against defendant, Robert D. Balzano, as the receiver for Aspen Indemnity Corp. (Aspen). We agree with the trial court...

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