IN RE LIQUIDATION OF NAT. HERITAGE LIFE

Civil Action No. 13530.

728 A.2d 52 (1998)

In the MATTER OF the LIQUIDATION OF NATIONAL HERITAGE LIFE INSURANCE COMPANY.

Court of Chancery of Delaware, New Castle County.

Decided: May 13, 1998.


Attorney(s) appearing for the Case

Kevin Gross, of Rosenthal, Monhait, Gross & Goddess, Wilmington, Delaware, Robert Tally, Winston-Salem, North Carolina, for Zinzow and Associates, Inc.

Todd M. Finchler, of Tybout, Redfearn & Pell, Wilmington, Delaware, Brian J. Spano, and Franklin D. O'Loughlin, of Rothgerber, Appel, Powers & Johnson, Denver, Colorado, for National Organization of Life and Health Insurance Guaranty Associations.

Diane J. Bartels, of Bartels & Bartels, Wilmington, Delaware, for Donna Lee H. Williams, Insurance Commissioner of the State of Delaware, as the Receiver of the National Heritage Life Insurance Company in Liquidation.


OPINION

LAMB, Vice Chancellor.

I. INTRODUCTION

Before the Court are cross-motions for summary judgment on a claim for payment of a finder's fee as an administrative expense of this liquidation proceeding. Because there is no prospect that the Estate will ever have sufficient assets to pay claims of general creditors, claimant must establish that his claim (which is opposed by the Receiver) is entitled to priority as an administrative expense of...

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