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IN RE UNIVERSE LIFE INS. CO.

No. 98-2416-JWL.

35 F.Supp.2d 1297 (1999)

In the Matter of Rehabilitation of THE UNIVERSE LIFE INSURANCE COMPANY, Certificate of Authority SMR No. 1050. State of Idaho, ex rel. Mary Hartung, as successor to James M. Alcorn, Acting Director of the Idaho Department of Insurance, as Rehabilitator for the Universe Life Insurance Company, Petitioner, v. The Centennial Life Insurance Company, Respondent. Kathleen Sebelius, Commissioner of the Kansas Department of Insurance in her Statutory Capacity as Rehabilitator of the Centennial Life Insurance Company, and her Special Deputy Rehabilitator, Dan Watkins, Appellants, v. State of Idaho, ex rel. Mary Hartung, as successor to James M. Alcorn, Acting Director of the Idaho Department of Insurance, as Rehabilitator for the Universe Life Insurance Company; AIA Services Corporation, AIA Insurance, Inc., and the Board of Directors and Management of the Universe Life Insurance Company; Grain Growers Membership and Insurance Trust; the Centennial Life Insurance Company, Respondents. (AXA Reassurance, S.A. and AXA Re Life Insurance Company, Garnishees.)

United States District Court, D. Kansas.

January 14, 1999.

Attorney(s) appearing for the Case

Mark A. Shaiken, Stinson, Mag & Fizzell, P.C., Douglas J. Schmidt, Blackwell Sanders Peper Martin LLP, Kansas City, MO,Daniel M. Dibble, Michael J. Abrams, Lathrop & Gage L.C., for Universe Life Ins. Co.

Richard D. Rhyne, Kenton E. Snow, John C. Craft, Craft, Fridkin & Rhyne, Kansas City, MO, Mark A. Shaiken, Stinson, Mag & Fizzell, P.C., Douglas J. Schmidt, Blackwell Sanders Peper Martin LLP, Kansas City, MO, Daniel M. Dibble, Michael J. Abrams, Lathrop & Gage L.C., Kansas City, MO, for Idaho Department of Insurance.

Douglas J. Schmidt, Michael M. Tamburini, Nancy S. Jochens, Blackwell Sanders Peper Martin LLP, Kansas City, MO, for Centennial Life Ins. Co.

Frank Wendt, Michael E. Waldeck, Angela K Green, Niewald, Waldeck & Brown, P.C., Kansas City, MO, for AXA Reassurance, S.A., AXA Re Life Ins. Co.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

The Rehabilitator of the Universe Life Insurance Company ("Universe"), an insolvent insurer in rehabilitation proceedings in Idaho state court, obtained a judgment in Idaho state court against Centennial Life Insurance Company ("Centennial"), an insolvent insurer currently in liquidation proceedings in Kansas state court. Thereafter, Universe initiated this garnishment action in an effort to attach certain...

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