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KOKEN v. RELIANCE INSURANCE COMPANY

891 A.2d 704 (2005)

M. Diane KOKEN, Insurance Commissioner of the Commonwealth of Pennsylvania, Appellant v. RELIANCE INSURANCE COMPANY, Appellee Vitas Healthcare Corporation, Vitas Holdings Corporation, Vitas Healthcare of Texas, L.P., Magellan Reinsurance Company Ltd., RBH Reinsurance Ltd., Citicorp Insurance USA, Inc., Citicorp, CSX Insurance Company, Celanese Americas Corporation, Celwood Insurance Company, Elwood Insurance Limited, Ellen Diamond, Guaranty Associations, Earth Tech, Inc., New Mexico Mutual Casualty Company, Southwest Casualty Company, Clients Assurance Pool, Ltd., Baptist Health South Florida, Inc., and Palm Springs General Hospital, Intervenors.

Supreme Court of Pennsylvania.

Concurring Statement February 8, 2006.

REVISED ORDER

PER CURIAM:

AND NOW, this 23rd day of November, 2005, the Commonwealth Court's Order entered on March 18, 2004 is vacated and the case is remanded for discovery relating to the issue of whether Palm Springs General Hospital and Baptist Health South Florida Hospital are entitled to direct access to reinsurance proceeds from American Healthcare Indemnity Company.

Justice NEWMAN files a concurring statement.

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