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KOKEN v. RELIANCE INS. CO.

846 A.2d 778 (2004)

M. Diane KOKEN, Insurance Commissioner of the Commonwealth of Pennsylvania, Plaintiff, v. RELIANCE INSURANCE COMPANY, Defendant. In re New Mexico Mutual Casualty Company and Southwest Casualty Company's Petition for Injunctive Relief and for Relief from Stay to Compel Arbitration.

Commonwealth Court of Pennsylvania.

Publication Ordered April 5, 2004.

Attorney(s) appearing for the Case

John C. Connell and Jerrold S. Kulback, Haddonfield, NJ, for New Mexico Mutual Casualty Co. and Southwest Casualty Company.

OPINION BY President Judge COLINS.

OPINION and ORDER

Before the Court for its consideration is New Mexico Mutual Casualty Company (NMMCC) and Southwest Casualty Company's (SWCC) Petition for Injunctive Relief and for Relief from Stay to Compel Arbitration.1 The pivotal issue for review is whether the Liquidator can be compelled to pursue arbitration as set forth in an insurance contract.

SWCC is a wholly owned...

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