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QUACKENBUSH v. ALLSTATE INS. CO.

Nos. 96-56132, 96-56506 and 96-56654.

121 F.3d 1372 (1997)

Chuck QUACKENBUSH, Insurance Commissioner, of the State of California in his Capacity as Liquidator of Mission Insurance Company; Mission National Insurance Company; Enterprise Insurance Company; Mission Reinsurance Corporation; Holland America Insurance Company, Plaintiffs-Appellees, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellant. Chuck QUACKENBUSH, Insurance Commissioner, of the State of California in his Capacity as Liquidator of Mission Insurance Company; Mission National Insurance Company; Enterprise Insurance Company; Mission Reinsurance Corporation; Holland America Insurance Company, Plaintiffs-Appellants, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee. Chuck QUACKENBUSH, Insurance Commissioner, of the State of California in his Capacity as Liquidator of Mission Insurance Company; Mission National Insurance Company; Enterprise Insurance Company; Mission Reinsurance Corporation; Holland America Insurance Company, Plaintiffs-Appellees, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 28, 1997.

Attorney(s) appearing for the Case

Donald Francis Donovan and Carl Micarelli, Debevoise & Plimpton, New York City, and Joseph D. Lee, Munger, Tolles & Olson, Los Angeles, CA, for defendant-appellant/cross-appellee.

Karl L. Rubenstein, Dana Carli Brooks, and Melissa S. Kooistra, Rubinstein & Perry, Los Angeles, CA, and William W. Palmer, California Department of Insurance, San Francisco, CA, for plaintiff-appellee/cross-appellant.

Before: BROWNING, BRUNETTI, and TROTT, Circuit Judges.

TROTT, Circuit Judge:

OVERVIEW

California Insurance Commissioner Chuck Quackenbush brought this action in his role as liquidator of the Mission Group of Insurance Companies ("Mission") against Allstate Insurance Company ("Allstate") to recover monies owed by Allstate to Mission under a number of reinsurance agreements. The core dispute between the parties centers on whether, under California insurance law, Allstate should be allowed to offset its obligations...

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