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METROPOLITAN PROPERTY & CAS. v. INSOLVENCY FUND

No. Civ. A. 90-0545-T.

811 F.Supp. 54 (1993)

METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, Metropolitan Casualty Insurance, Metropolitan General Insurance Company v. RHODE ISLAND INSURER'S INSOLVENCY FUND, and Fred Franklin, acting in his official capacity as Director of R.I. Department of Business Regulations, Division of Insurance.

United States District Court, D. Rhode Island.

February 2, 1993.

Attorney(s) appearing for the Case

Richard Berstein, Warwick, RI, James Lenaghan, New York City, Stephen Ostrach, Boston, MA, for Metropolitan Property and Cas. Ins. Co., et al.

William R. Grimm, Hinckley, Allen Snyder & Comen, Providence, RI, for Rhode Island Insurers' Insolvency Fund.

Ellen Evans Alexander, Office of the Attorney General, Providence, RI, for Fred J. Franklin.

MEMORANDUM AND OPINION

TORRES, District Judge.

INTRODUCTION

This is a § 1983 action by three affiliated insurance companies1 (collectively referred to as "Metropolitan") challenging the constitutionality of a Rhode Island statute that permits the Rhode Island Insurers' Insolvency Fund (the "Fund") to make assessments against insurers that underwrite one line of coverage in order to pay claims against insolvent...

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