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MCPHERSON v. U.S. PHYSICIANS MUT. RISK RETENTION GROUP

No. WD 59264.

99 S.W.3d 462 (2003)

A.W. McPHERSON, Deputy Director of the Missouri Insurance Department, Acting as Statutory Receiver, Respondent, v. U.S. PHYSICIANS MUTUAL RISK RETENTION GROUP, Defendant, Elisabeth R. Sauer and Elisabeth R. Sauer, P.C., Appellants.

Missouri Court of Appeals, Western District.

January 31, 2003.

Attorney(s) appearing for the Case

Stephen B. Millin, Jr., Kansas City, MO, for Appellant.

Karl Zobrist, Kansas City, MO, for Respondent.

Before LOWENSTEIN, P.J., SMART and NEWTON, JJ.

Overview

HAROLD L. LOWENSTEIN, Judge.

This case touches on the seeming tension between the statutory powers possessed by receivers to wind up insolvent insurance companies and the general supervisory powers of Missouri trial courts overseeing the administration of the receivership of these companies. This case stems from a decision by a trial judge to order an audit in a four year old pending petition and case for liquidation of a Missouri insurer. A primary...

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