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IN RE CERTIFICATE OF AUTH. OF MUT. PROTEC.

No. C1-01-314.

633 N.W.2d 567 (2001)

In the Matter of the CERTIFICATE OF AUTHORITY OF MUTUAL PROTECTIVE INSURANCE COMPANY, a Nebraska Corporation.

Court of Appeals of Minnesota.

September 18, 2001.

Attorney(s) appearing for the Case

Michael O. Freeman, Amy J. Reed, Lindquist & Vennum P.L.L.P., Minneapolis (for appellant Mutual Protective Insurance Company).

Mike Hatch, Attorney General, Michael J. Tostengard, Assistant Attorney General, St. Paul (for respondent Department of Commerce).

Considered and decided by RANDALL, Presiding Judge, STONEBURNER and HUSPENI, Judges.

OPINION

HUSPENI, Judge.

The department of commerce issued a cease and desist order pursuant to Minn. Stat. § 45.027, subd. 5a (2000), based upon a determination that relator insurance company was in an "unsafe or unsound" financial condition. Relator contends that the department erred as a matter of law because it used the standards of Minn. Stat. § 60A.052 (2000) to justify an action under section 45.027. It contends that the department should...

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