MATTER OF LIQUIDATION OF SUSSEX MUT. INS. CO.


301 N.J. Super. 595 (1997)

IN THE MATTER OF THE LIQUIDATION OF SUSSEX MUTUAL INSURANCE COMPANY.

Superior Court of New Jersey, Appellate Division.

Decided June 5, 1997.


Attorney(s) appearing for the Case

Thomas M. Hunt, Deputy Attorney General, argued the cause for appellant Commissioner of the New Jersey Department of Banking and Insurance as Liquidator of Sussex Mutual Insurance Company (Peter Verniero, Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Mr. Hunt, on the brief).

Sean T. O'Neil argued the cause for intervenor-appellant New Jersey Property Liability Insurance Guaranty Association (Bressler, Amery & Ross, attorneys; Richard R. Spencer, Jr. of counsel; Mr. O'Neil and Cynthia J. Borrelli, on the brief).

Joseph K. Molloy, of the New York Bar, admitted pro hac vice, argued the cause for respondents National Casualty Company and National Casualty Company of America, Ltd. (Dwyer, Connell & Lisbona, attorneys; Donald T. Okner and Mr. Molloy, of counsel and on the brief).

Before Judges PETRELLA, LANDAU and WALLACE.


The opinion of the court was delivered by PETRELLA, P.J.A.D.

The Commissioner of Banking and Insurance, in the capacity of Liquidator of Sussex Mutual Insurance Company (Liquidator), appeals from the Chancery Division's determination that two insurance companies for which Sussex Mutual Insurance Company (Sussex Mutual), now in liquidation, acted as reinsurer, National Casualty Company and National Casualty Company of America, Ltd. (referred to collectively as National...

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