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INSURANCE COMM'R v. LINCOLN INS.

No. 1835, September Term, 1990.

89 Md. App. 114 (1991)

597 A.2d 992

INSURANCE COMMISSIONER OF THE STATE OF MARYLAND, ET AL. v. LINCOLN NATIONAL LIFE INSURANCE CORPORATION.

Court of Special Appeals of Maryland.

Certiorari Granted February 18, 1992.

Attorney(s) appearing for the Case

Meg L. Rosthal, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty., on the brief), Baltimore, for appellant, Insurance Commissioner.

Edward J. Birrane, Jr. (Barry S. Brown and Birrane, Harlan & Cooke, on the brief), Baltimore, for appellant, Gerald R. Veydt.

Bryan D. Bolton (Deborah R. Rivkin and Shapiro and Olander, on the brief), Baltimore, for appellee.

Argued before WILNER, C.J., and BLOOM and MOTZ, JJ.

BLOOM, Judge.

The sole issue in this appeal is one of statutory construction. The statute in question, Md. Code Ann., art. 48A, § 234B(b) (1991 Repl.Vol.), was interpreted one way by the Insurance Commissioner of Maryland and a different way by the Circuit Court for Baltimore City, to which the Commissioner's decision was appealed by Lincoln National Life Insurance Corporation (Lincoln). The Commissioner and Gerald Veydt, in whose favor the Commissioner had ruled...

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