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AMERICAN NAT. INS. CO. v. LOW

No. B137765.

101 Cal.Rptr.2d 288 (2000)

84 Cal.App.4th 914

AMERICAN NATIONAL INSURANCE COMPANY, Plaintiff and Appellant, v. Harry W. LOW, as Insurance Commissioner, etc., Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

November 8, 2000.

Attorney(s) appearing for the Case

Thelen Reid & Priest, James J. Moak and Mark D. Campbell, San Francisco, for Plaintiff and Appellant.

Rubinstein & Perry, Karl L. Rubinstein, Robert H. Nunnally, Jr., Kathleen M. McCain, Los Angeles, and David Wayne Johnson, Jr., Palo Alto, for Defendant and Respondent.

Lord, Bissell & Brook, C. Guerry Collins, Los Angeles, and Stephen J. Tomasulo for California Insurance Guarantee Association, as Amicus Curiae on behalf of Defendant and Respondent.

CURRY, J.

This case involves the proper interpretation of the statutory provisions which prioritize claims among creditors of insolvent insurance companies, and govern the obligations of the California Insurance Guarantee Association (CIGA) to policyholders of insolvent member insurers. Under the Insurance Code, CIGA is obligated to pay an insolvent member insurer's "covered claims" which are defined, on the one hand, to include all obligations of the insurer arising...

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