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DEPT. OF INS. v. ZENITH RE-INSURANCE

No. 49A02-9102-CV-84.

583 N.E.2d 201 (1991)

INDIANA DEPARTMENT OF INSURANCE, and John J. Dillon, III, Commissioner of the Indiana Department of Insurance, Appellants-Plaintiffs, v. ZENITH RE-INSURANCE Company, Ltd., an Alien Corporation, Appellee-Defendant.

Court of Appeals of Indiana, Fifth District.

Rehearing Denied February 19, 1992.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Terry G. Duga, Deputy Atty. Gen., Indianapolis, for appellants-plaintiffs.

Richard L. Darst, Robert A. Garelick, Thomas C. Kus, Mantel, Cohen, Garelick, Reiswerg & Fishman, Indianapolis, for appellee-defendant.

RUCKER, Judge.

This is an appeal from a grant of summary judgment. The Indiana Department of Insurance (Department) filed a complaint for preliminary injunction against the Zenith Re-Insurance Company Ltd. (Zenith) seeking to enjoin it from transacting insurance business in the State of Indiana. In response, Zenith filed, among other things, a motion for summary judgment. After conducting a hearing, the trial court granted the motion. On review we are called upon...

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