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IN THE MATTER OF THE REORGANIZATION OF ELECTRIC MUTUAL LIABILITY INS. CO. LTD. (BERMUDA)

425 Mass. 419 (1997)

IN THE MATTER OF THE REORGANIZATION OF ELECTRIC MUTUAL LIABILITY INSURANCE COMPANY LTD. (BERMUDA).

Supreme Judicial Court of Massachusetts, Suffolk.

July 11, 1997.

Attorney(s) appearing for the Case

Scott P. Lewis (Katharine A. Pacella with him) for Kemper Reinsurance Company.

Thomas S. Martin, of New York (Ian Crawford with him) for Electric Mutual Liability Insurance Company, Ltd. (Bermuda).

The following submitted briefs for amici curiae:

Nick J. DiGiovanni & R.R. McMahan of Illinois & Alice E. Richmond & Ann Pauly for Certain Underwriters at Lloyd's, London.

Donald K. Stern, United States Attorney, & Paul G. Levenson, Assistant United States Attorney, for the United States of America.

Scott Harshbarger, Attorney General, J. David Leslie, Special Assistant Attorney General, & Eric A. Smith, for the Commissioner of Insurance.

Present: ABRAMS, LYNCH, O'CONNOR, & GREANEY, JJ.

LYNCH, J.

This case arises from the approval by the Commissioner of Insurance (commissioner) of the application of Electric Mutual Liability Insurance Company (EMLICO) to reorganize and redomesticate to Bermuda. Allstate Insurance Company, Kemper Reinsurance Company, and other reinsurance companies sought judicial review of this decision. While these consolidated actions were pending in the Superior Court, counsel for Allstate received two documents from an anonymous...

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