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UNISYS CORP. v. SENN

No. 42169-7-I.

994 P.2d 244 (2000)

99 Wash.App. 391

UNISYS CORPORATION, in its capacity as Named Fiduciary and Plan Administrator of the Unisys Savings Plan and the Unisys Retirement Investment Plan and on behalf of Washington Unisys Plan participants and beneficiaries; and CoreStates Bank, N.A., in its capacity as Trustee of the Unisys Employee Savings Thrift and on behalf of Washington Unisys Plan participants and beneficiaries, Appellants, v. Deborah SENN, in her official capacity as the Commissioner of Insurance of the State of Washington, Defendant, and Washington Life and Disability Insurance Guaranty Association, an unincorporated association, Respondent.

Court of Appeals of Washington, Division 1.

February 14, 2000.

Attorney(s) appearing for the Case

Kelly Corr, Corr Cronin LLP, Seattle, Laurence Z. Shiekman, Joanne Hyle, Pepper Hamilton, LLP, Philadelphia, PA., for Appellants.

Timothy J. Parker, Catherine A. Rothwell, Catherine Ann Rothwell, Carney Bradley Smith & Spellman, Seattle, for Respondent.

APPELWICK, J.

The fiduciary holder of retirement annuity contracts appeals a summary judgment order in an action against the statutory guarantor of the obligations of an insolvent insurer. The court found the guarantee obligations to be statutory, not contractual. Therefore, the two year statute of limitations applies. Because the cause of action was filed more than two years after the annuity contracts had matured, the statute of limitations had run. We affirm.<...

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