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WEINGARTEN v. GROSS

Record No. 012702.

563 S.E.2d 771 (2002)

264 Va. 243

Robert WEINGARTEN, et al., v. Alfred W. GROSS, Deputy Receiver of First Dominion Mutual Life Insurance Company, Successor to Fidelity Bankers Life Insurance Company, and Trustee of Fidelity Bankers Life Insurance Company Trust, et al.

Supreme Court of Virginia.

June 7, 2002.

Attorney(s) appearing for the Case

William R. Rakes; W. David Paxton (Lisa P. Sumner, Gregory R. Hunt, Roanoke; Terry Christensen; Louis R. Miller, III; Steven J. Aaronoff; Gentry, Locke, Rakes & Moore; Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, on briefs), for appellants.

Patrick H. Cantilo (Susan E. Salch; Pierre J. Riou; Howard W. Dobbins; Robert D. Perrow, Richmond; Cantilo & Bennett; Williams, Mullen, Clark & Dobbins, on brief), for appellee Alfred W. Gross, Deputy Receiver.

No brief or argument for appellees the State Corporation Commission and the Attorney General of Virginia.

Present: All the Justices.

LEMONS, Justice.

In this appeal of right from a final order of the State Corporation Commission (the "Commission"), we consider whether a claim for mandatory indemnification, pursuant to Code § 13.1-698, is entitled to be paid as "costs and expenses of administration," pursuant to Code § 38.2-1509(B)(1).

I. Facts and Proceedings Below

The complete history of this case is reported in Gross v. Weingarten, 217 F.3d 208...

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