KENTUCKY CENT. LIFE INS. CO. v. STEPHENS

Nos. 94-SC-743-TG, 94-SC-742-TG.

897 S.W.2d 583 (1995)

KENTUCKY CENTRAL LIFE INSURANCE COMPANY, Appellant, v. Don W. STEPHENS, Commissioner of the Kentucky Department of Insurance, Appellee. KENTUCKY CENTRAL LIFE INSURANCE COMPANY, Appellant, v. Don W. STEPHENS, Commissioner of the Kentucky Department of Insurance, Appellee.

Supreme Court of Kentucky.

May 11, 1995.


Attorney(s) appearing for the Case

Charles S. Cassis, Brown, Todd & Heyburn, Louisville, Paul E. Sullivan, Thomas C. Walker, Susan Mohler, Kathryn Kendrick, Brown, Todd & Heyburn, Lexington, for Kentucky Cent. Life Ins. Co.

Steven L. Beshear, Janet A. Craig, Stites & Harbison, Lexington, Robert Michael Connolly, Louisville, Judith A. Villines, Stites & Harbison, Frankfort, for Don Stephens, Com'r of the Kentucky Dept. of Ins.

James H. Newberry, Jr., Susan C. Sears, Newberry, Hargrove & Rambicure, Lexington, Kevin Griffith, Charles T. Richardson, Baker & Daniels, Indianapolis, IN, for National Organization of Life and Health Ins. Guar. Associations, Illinois Life & Health Ins. Guar. Ass'n, and Texas Life, Accident, Health & Hosp. Service Ins. Guar. Ass'n.

Caroline Scott, Texas Dept. of Ins., Austin, TX, Bradley R. Hume, Woodward, Hobson & Fulton, Louisville, Dan Morales, Atty. Gen. of Texas, Jorge Vega, Diane Barlow Sparkman, Office of the Atty. Gen., Austin, TX, for Rebecca Lightsey, Com'r Texas Dept. of Ins.

Charles S. Cassis, Brown, Todd & Heyburn, Louisville, for Kentucky Cent. Life Ins. Co.


REYNOLDS, Justice.

In this insurance liquidation proceeding, the Franklin Circuit Court approved the sale of Kentucky Central Life Insurance Company's (KCL) assets, including the company's insurance business, and ordered KCL's liquidation. The current board of directors of KCL seeks reversal and remand upon the basis that the decision failed to comply with the Kentucky insurer's rehabilitation and liquidation laws and was made in contravention of the constitutional...

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