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TIG SPECIALTY INS. CO. v. KOKEN

855 A.2d 900 (2004)

TIG SPECIALTY INSURANCE COMPANY, Petitioner v. M. Diane KOKEN, in her capacity as Insurance Commissioner of the Commonwealth of Pennsylvania, as Statutory Liquidator of HRM Health Plans (PA), Inc., Edward Borst, Julia Campion, Thomas P. Clark, Janet Y. Cosby-Dyer, William R. Friedman, Lawrence Kaye, Adele Kimpbell, Tracy C. Kuehni, Leland G. LeBlanc, Paul A. Leland, Gary T. McIlroy, M.D., Donald Mitrane, M.D., Robert L. Montgomery, Corbett A. Price, Luis A. Rosa, Desiree M. Slabik, Marlene O. Travis, and Josephine Y. Worthington, Respondents.

Commonwealth Court of Pennsylvania.

Decided July 8, 2004.

Publication Ordered August 3, 2004.

Attorney(s) appearing for the Case

Jeffry W. Duffy, Jr., Washington, for plaintiff.

Kathryn Lease Simpson, Harrisburg, for defendants.

William E. Mahoney, Jr., Philadelphia, for defendant, Insurance Department.

Jeffrey A. Cohen, Cherry Hill, for defendants, P. Leland and T. Kuehni.

Russell Massey, Philadelphia, for defendant, J. Campion.

OPINION BY Judge COHN.

This case requires us to evaluate the language of an exclusion in a Directors' and Officers' Liability insurance policy (D & O Policy) to determine if it precludes insurance coverage for a claim brought by the Pennsylvania Insurance Commissioner in her role as Statutory Liquidator (Liquidator) against the directors and officers of an insurance company.

The case is related to a statutory liquidation proceeding1<...

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