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NATIONAL DISTILLERS AND CHEMICAL CORP. v. STEPHENS

No. 93-SC-784-CL.

912 S.W.2d 30 (1995)

In re NATIONAL DISTILLERS AND CHEMICAL CORPORATION, A Foreign Corporation, now known as Quantum Chemical Corporation, Defendant/Appellant, v. Don W. STEPHENS, Commissioner of Insurance of the Commonwealth of Kentucky, in his capacity as Liquidator of Delta America Re Insurance Company, Plaintiff/Appellee.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing January 18, 1996.

Attorney(s) appearing for the Case

Richard W. Iler, Merrill S. Schell, Wyatt, Tarrant & Combs, Louisville, Joseph P. Dailey, New York City, for Appellant/Plaintiff.

W. Henry Jernigan, Jr., Jacqueline Syers Duncan, Jackson & Kelly, Lexington, for Appellee/Defendant.

STUMBO, Justice.

The United States Court of Appeals for the Second Circuit, 6 F.3d 63, has requested certification pursuant to CR 76.37 of two (2) questions of law. The operative facts as set forth by the Second Circuit are as follows:

Delta America Re Insurance Company was a reinsurance company licensed and chartered under the laws of the Commonwealth of Kentucky. From its formation until it was sold on September 30, 1983...

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