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STATE EX REL. CRAWFORD v. GUARDIAN LIFE

No. 84563.

954 P.2d 1235 (1998)

1997 OK 10

STATE of Oklahoma, ex rel., John P. CRAWFORD, Insurance Commissioner as Receiver for American Standard Life and Accident Insurance Company, Petitioner, and Oklahoma Life and Health Insurance Guaranty Association, Intervening Petitioner, Appellees, v. The GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Respondent, Appellant.

Supreme Court of Oklahoma.

February 3, 1998.

Attorney(s) appearing for the Case

Joe Heaton, G.M. Fuller, Fuller, Tubb & Pomeroy, Oklahoma City, Oklahoma, Michael R. Hassan, Forrest B. Lammiman, Lord, Bissell & Brook, Chicago, Illinois, for Appellee Insurance Commissioner.

Michael D. Coleman, James W. Rhodes, J. Angela Ables, Kerr, Irvine, Rhodes & Ables, for Appellee Guaranty Association.

C. Wayne Litchfield, Oklahoma City, Oklahoma, Cecilia Kempler, John S. Kinzey, Jr., LeBoeuf, Lamb, Greene & MacRae, L.L.P., New York, New York, for Appellant.

Michael E. Surguine, National Association of Insurance Commissioners, Kansas City, Missouri, Amicus Curiae.

Marjorie McCullough, Jay M. Galt, White, Coffey, Galt & Fite, P.C., Oklahoma City, Oklahoma, Phillip E. Stano, American Council of Life Insurance, Washington D.C., Amicus Curiae.

Burck Bailey, John Joseph Snider, Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, Oklahoma, Amicus Curiae, National Alliance of Life Companies.

Debra J. Hall, Reinsurance Association of America, Washington, D.C., Amicus Curiae.

Haven Tobias, Gerald P. Green, Pierce, Couch, Hendrickson, Baysinger & Green, Oklahoma City, Oklahoma, Amicus Curiae, The Kempton Group.

WATT, Justice,

FACTS AND PROCEDURAL HISTORY

¶ 1 In 1986 Guardian Life Insurance Company and Life Insurance Company of Pennsylvania made a reinsurance agreement. American Standard Life Insurance Company acquired Life Insurance Company of Pennsylvania's rights and obligations under the Agreement in 1987. On November 1, 1988, an amendment to 36 O.S. § 1928, § 1928.B.4, became effective.

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