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FOSTER v. MUT. FIRE, MARINE & INLAND INS.

544 Pa. 387 (1996)

676 A.2d 652

Constance B. FOSTER, Insurance Commissioner of the Commonwealth of Pennsylvania v. The MUTUAL FIRE, MARINE AND INLAND INSURANCE COMPANY. Appeal of The CEDENTS COMMITTEE OF POLICYHOLDERS.

Supreme Court of Pennsylvania.

Decided May 22, 1996.

Attorney(s) appearing for the Case

Henry B. Fitzpatrick, Marcy B. Tanker, Philadelphia, for Cedents Committee.

Harold E. Kohn, David H. Weinstein, for Committee of Policyholders.

Richard A. Brown, Spencer L. Kimball, pro hac vice.

Robert H. Levin, Philadelphia, Richard DiSalle, Pittsburg, Roger Curran, Susan Hileman Malone, Harrisburg, for Appellee.

Before NIX, C.J., and FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION

NIX, Chief Justice.

We are called upon to examine the propriety of certain actions undertaken by the Insurance Commissioner of the Commonwealth of Pennsylvania in the capacity of Rehabilitator ("Insurance Commissioner" or "Rehabilitator") of the estate of the insolvent Mutual Fire, Marine and Inland Insurance Company ("Mutual Fire"). The intricate facts surrounding Mutual Fire's insolvency and many of the related circumstances have been fully...

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