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UNISYS v. CALIFORNIA LIFE & HEALTH

No. A072015.

74 Cal.Rptr.2d 106 (1998)

63 Cal.App.4th 634

UNISYS CORPORATION, Plaintiff and Appellant, v. CALIFORNIA LIFE AND HEALTH INSURANCE GUARANTEE ASSOCIATION, Defendant and Respondent.

Court of Appeals of California, First District, Division Three.

As Modified on Denial of Rehearing May 21, 1998.

Review Denied August 12, 1998.

Attorney(s) appearing for the Case

Ballard Spahr Andrews & Ingersoll, David H. Pittinsky, Lawrence D. Berger, Philadelphia, PA, McKenna & Cuneo, Susan A. Mitchell and Cynthia Beckwith, Los Angeles, for plaintiff and appellant.

Adams, Duque & Hazeltine, Los Angeles, Ann Sparkman, San Francisco, Randy G. Gerchick, Los Angeles, Thelen, Marrin, Johnson & Bridges and James R. Willcox, San Francisco, for defendant and respondent.

Kerr, Irvine, Rhodes & Abies, James W. Rhodes, Oklahoma City, OK, Anthony Buonaguro, John Del Campo, National Organization of Life and Health Insurance Guaranty Associations, Herndon, VA, amici curiae on behalf of defendant and respondent.

CORRIGAN, Associate Justice.

This litigation arises out of the failure of Executive Life Insurance Company (Executive Life) and resultant losses suffered by participants in two Unisys Corporation 401(k) plans that had invested in Executive Life guaranteed investment contracts. The specific question on appeal is whether the California Life and Health Insurance Guarantee Association Act1 ...

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