COMMISSIONER OF INSURANCE v. ELECTRIC MUTUAL LIABILITY INSURANCE COMPANY


429 Mass. 795 (1999)

COMMISSIONER OF INSURANCE v. ELECTRIC MUTUAL LIABILITY INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

June 24, 1999.


Attorney(s) appearing for the Case

J. David Leslie, Special Assistant Attorney General (Eric A. Smith with him) for the plaintiff.

Thomas S. Martin, of New York (Roland Schroeder, of New York, & Ian Crawford with him) for the defendant.

Lori Van Auken, of New York, & Robert W. Mahoney, Mark G. Matuschak & Daniel W. Halston, for General Electric Company, amicus curiae, submitted a brief.

Present: WILKINS, C.J., ABRAMS, LYNCH, FRIED, & IRELAND, JJ.


WILKINS, C.J.

In Matter of Elec. Mut. Liab. Ins. Co. (No. 1), 426 Mass. 362 (1998), this court ruled invalid the Commissioner of Insurance's purported authorization of the transfer of the domicil of Electric Mutual Liability Insurance Company (EMLICO), a domestic insurance company, to Bermuda, effective July 1, 1995. By the time of our decision, EMLICO had redomesticated, declared itself insolvent, and commenced liquidation...

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