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WILLIAMS v. WAINSCOTT

Nos. S-7807, S-7867.

974 P.2d 975 (1999)

The Honorable Donna Lee H. WILLIAMS, Insurance Commissioner of the State of Delaware, in her capacity as the Receiver of the Great Atlantic Insurance Company in Liquidation, Appellant and Cross-Appellee, v. Joyce WAINSCOTT, in her capacity as the Receiver and/or Deputy Receiver of the Pacific Marine Insurance Company of Alaska in Liquidation, and the Pacific Marine Insurance Company of Alaska in Liquidation, Appellees and Cross-Appellants.

Supreme Court of Alaska.

February 12, 1999.

Attorney(s) appearing for the Case

Gary A. Zipkin, Susan M. West, Guess & Rudd, Anchorage, and Diane J. Bartels, Bartels & Bartels, Wilmington, Delaware, for Appellant and Cross-Appellee.

Mark A. Sandberg, William M. Wuestenfeld, Sandberg, Wuestenfeld & Corey, Anchorage, for Appellees and Cross-Appellants.

Ronald L. Baird, Office of Ronald L. Baird, Anchorage, and Victoria L. Vreeland, Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim, P.L.L.C., Seattle, for Amicus Curiae Deborah Senn.

Before MATTHEWS, Chief Justice, and COMPTON, EASTAUGH, FABE, and BRYNER, Justices.

OPINION

MATTHEWS, Chief Justice.

I. INTRODUCTION

This case concerns the attempts of Great Atlantic Insurance Company (GAIC) to recover nearly $1.4 million in reinsurance claims from Pacific Marine Insurance Company of Alaska (PacAk). In 1989 both companies were declared insolvent and placed into liquidation. The deadline to file claims in the PacAk estate was March 1, 1990. In 1994 GAIC submitted...

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