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AVEMCO INS. CO. v. STATE EX REL. McCARTY

No. 49A02-0305-CV-410.

812 N.E.2d 108 (2004)

AVEMCO INSURANCE COMPANY, Hartford Life and Accident Insurance Company, HCC Life Insurance Company, The Ohio National Life Insurance Company and Pacific Life Insurance Company, Appellants-Defendants, v. STATE ex rel. Sally McCARTY, Commissioner of Insurance for the State of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

June 29, 2004.

Attorney(s) appearing for the Case

Thomas J. Costakis, Lawrence W. Schmits, Randall R. Fearnow, Libby Y. Mote, Kreig & DeVault LLP, Indianapolis, IN, Attorneys for Appellants.

Steve Carter, Attorney General of Indiana, David L. Steiner, Deputy Attorney General, Wayne C. Turner, Anne L. Cowgur, Michael R. Limrick, McTurnan & Turner, Indianapolis, IN, Attorneys for Appellee.

Arend J. Abel, Cohen & Malad, LLP, Indianapolis, IN, Attorney for Amici Curiae, M Plan, Inc., et al.

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellants-Defendants, Avemco Insurance Company, HCC Life Insurance Company, and Pacific Life Insurance Company (collectively, the "medical stop loss insurers"), appeal the trial court's Order granting Appellee-Plaintiff, State ex rel. Sally McCarty, Commissioner of Insurance for the State of Indiana (the Commissioner), complaint for preliminary injunction and entry of injunctive relief in her...

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