ACADEMY LIFE INS. CO. v. ODIORNE

No. 1 CA-CV 88-460.

165 Ariz. 188 (1990)

797 P.2d 727

ACADEMY LIFE INSURANCE COMPANY, Claimant-Appellant, v. James T. ODIORNE, Permanent Receiver for United Bankers Life Insurance Company-Appellee, Roy E. Gill, Permanent Receiver for Lincoln Life Insurance Company-Appellee.

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

August 21, 1990.


Attorney(s) appearing for the Case

Mohr, Hackett, Pederson, Blakley, Randolph & Haga, P.C. by John R. Hoopes, Phoenix, for claimant-appellant.

Mangum, Wall, Stoops & Warden by Daniel J. Stoops, Flagstaff, for appellee Odiorne.


OPINION

FIDEL, Judge.

In receivership proceedings for a defunct insurer, one claimant contested the validity of a claim brought by another. The receiver allowed the disputed claim, and the superior court approved. The opposing claimant now appeals.

We reverse. We find the evidence insufficient to establish the validity or invalidity of the disputed claim. En route to this conclusion, we discuss the nature of receivership proceedings and hold as follows...

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