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IN RE EXCESS SURPLUS STATUS

No. C5-99-1383.

606 N.W.2d 697 (2000)

In the Matter of the EXCESS SURPLUS STATUS OF BLUE CROSS AND BLUE SHIELD OF MINNESOTA.

Court of Appeals of Minnesota.

Review Granted April 25, 2000.

Attorney(s) appearing for the Case

Michael V. Ciresi, Deborah J. Palmer, David W. Beehler, Joel A. Mintzer, Robins, Kaplan, Miller & Ciresi, L.L.P., Minneapolis, for relator Blue Cross and Blue Shield.

Mike Hatch, Attorney General, David M. Aafedt, Assistant Attorney General, St. Paul, MN, for respondent Commissioner of Commerce.

John J. McDonald, Jr., Thomas E. Propson, Jenneane L. Jansen, Meagher & Geer, P.L.L.P., Minneapolis, for intervenor Scott Johnson.

Jack L. Chesnut, Karl L. Cambronne, Jeffrey Donald Bores, Chestnut & Cambronne, P.A., Minneapolis, and Samuel D. Heins, Daniel E. Gustafson, Daniel C. Hedlund, Heins, Mills & Olson, P.L.C., Minneapolis, Hugh V. Plunkett, III, Robert K. Shelquist, Plunkett, Schwartz & Peterson, Minneapolis, for amicus American Continental Inc.

Considered and decided by DAVIES, P.J., CRIPPEN, and PETERSON, JJ.

OPINION

CRIPPEN, Judge.

After recovering $469 million as part of the 1998 settlement of Minnesota tobacco litigation, relator Blue Cross and Blue Shield of Minnesota found itself with a quantity of surplus prohibited by law for a nonprofit health service plan corporation. These are administrative proceedings in which the respondent Commissioner of Commerce has explored the question of whether to approve the plan...

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