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SWISS RE LIFE CO. AMERICA v. GROSS

Record No. 961078.

479 S.E.2d 857 (1997)

SWISS RE LIFE COMPANY AMERICA, etc. v. Alfred W. GROSS, etc., et al.

Supreme Court of Virginia.

January 10, 1997.

Attorney(s) appearing for the Case

Ida Wurczinger Draim, Washington, DC (Stuart F. Carwile, Wiley, Rein & Fielding, on briefs), for appellant.

Patrick H. Cantilo, Austin, TX (Jeffrey L. Wood, Steven E. Adkins, Cantilo, Maisel & Hubbard, Howard W. Dobbins, Robert D. Perrow, Williams, Mullen, Christian & Dobbins, on brief), for appellee.

Present: All the Justices.

KOONTZ, Justice.

In this appeal from the State Corporation Commission (Commission), the primary issue we consider is whether Code § 38.2-1509 permits a reinsurer for an insurance company in receivership to obtain administrative priority over other creditors in recovering amounts owed it under an ongoing treaty of reinsurance with the insolvent company. The reinsurer also raises additional issues related to its claim against the insolvent insurer. For the reasons...

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