CHASE BANK OF TEXAS NATL. ASS'N v. STATE DEPT. OF INSURANCE

No. 03-1005.

860 So.2d 472 (2003)

CHASE BANK OF TEXAS NATIONAL ASSOCIATION f/k/a Texas Commerce Bank National Association f/k/a Ameritrust of Texas National Association, Appellant, v. STATE of Florida, DEPARTMENT OF INSURANCE, as Receiver of Western Star Insurance Company, Ltd., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 8, 2003.


Attorney(s) appearing for the Case

D. Lloyd Monroe, IV of Coppins & Monroe, Tallahassee.

John W. Frost, II, of Frost, Tamayo, Sessums & Aranda, Bartow.


PADOVANO, J.

Chase Bank of Texas seeks a writ of prohibition to prevent the trial court from entertaining a claim made against it by the Florida Department of Insurance in a proceeding to liquidate the Western Star Insurance Company. The question presented is whether the "Insurers Rehabilitation and Liquidation Act" confers jurisdiction on the circuit court to consider an action by the receiver to recover damages against a third-party, in this case the trustee of...

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