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IN RE LIQUIDATION OF INTER-AMERICAN INS.

No. 1-00-3340.

768 N.E.2d 182 (2002)

329 Ill. App.3d 606

263 Ill.Dec. 422

In re LIQUIDATION OF INTER-AMERICAN INSURANCE COMPNY OF ILLINOIS (Employers Reassurance Corporation, Plaintiff-Appellant, v. Nathaniel S. SHAPO, Director of Insurance, Defendant-Appellee).

Appellate Court of Illinois, First District, First Division.

March 29, 2002.

Attorney(s) appearing for the Case

Mitchell A. Orpett, H. Wesley Sunu and Kevin A. Titus, Tribler, Orpett & Crone, P.C., Chicago, for Appellant.

Ellen G. Robinson and John Wickert, Robinson, Curley & Clayton, P.C., Mary Cannon Veed, Peterson & Ross, D. Daniel Barr and J. Kevin Baldwin, Office of the Special Deputy Receiver, Chicago, for Appellee.

Justice COUSINS delivered the opinion of the court:

Appellant Employers Reassurance Corporation (ERAC) was one of seven reinsurers of now-insolvent life insurance provider Inter-American Insurance Company of Illinois (Inter-American). There were five reinsurance agreements in force between Inter-American and ERAC. In 1988, certain aspects of the segregated agreements were consolidated by the parties into a reinsurance agreement known as the "Segregated Asset Portfolio...

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