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COVINGTON v. OHIO GEN. INS. CO.

No. 2001-1874.

99 Ohio St.3d 117 (2003)

2003-Ohio-2720

COVINGTON, APPELLANT, v. OHIO GENERAL INSURANCE COMPANY; U.M.C.-U.M.C. LTD., APPELLEE.

Supreme Court of Ohio.

Decided June 11, 2003.

Attorney(s) appearing for the Case

Porter, Wright, Morris & Arthur, L.L.P., Scott E. North and J. Kenneth Thien, for appellant.

Janik & Dorman and Steven G. Janik; D'Amato & Lynch, John P. Higgins and Maryann Taylor, for appellee.

Ross S. Myers, urging reversal for amicus curiae National Association of Insurance Commissioners.

Vorys, Sater, Seymour & Pease, L.L.P., F. James Foley and Michael Thomas, urging reversal for amicus curiae National Conference of Insurance Guaranty Funds.

Baker & Daniels, Charles T. Richardson and John R. Burns III, urging reversal for amicus curiae National Organization of Life and Health Insurance Guaranty Associations.

PFEIFER, J.

{¶ 1} The issue before this court is whether an insurance company filing a claim in liquidation proceedings against an insolvent insurance company's estate for reinsurance benefits files as a Class 2 creditor or as a Class 5 creditor. See R.C. 3903.42. For the reasons that follow, we conclude that an insurance company with such a claim is a Class 5 creditor.

{¶ 2} Ohio General Insurance Company is a reinsurance company and...

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