STATE v. SUPERIOR NATIONAL INSURANCE CO.

00C-18554, A124825.

144 P.3d 1030 (2006)

208 Or. App. 1

STATE of Oregon ex rel Mary Neidig, Director, Department of Consumer and Business Services, Petitioner, and Oregon Insurance Guaranty Association, an association, Respondent, v. SUPERIOR NATIONAL INSURANCE COMPANY, a California corporation, and Commercial Compensation Casualty Company, a California corporation, Appellants.

Court of Appeals of Oregon.

Decided September 27, 2006.


Attorney(s) appearing for the Case

James N. Westwood, Portland, argued the cause for appellants. With him on the briefs were Charles F. Adams, Portland, and Stoel Rives LLP and John W. Buehler, Lake Oswego, and Buehler & Buehler.

John L. Langslet, Portland, argued the cause for respondent. With him on the brief were Justin M. Thorp, Portland, and Martin, Bischoff, Templeton, Langslet & Hoffman LLP.

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and HARRIS, Judge pro tempore.


BREWER, C.J.

Defendants Superior National Insurance Company (SNIC) and Commercial Compensation Casualty Company (CCCC), appeal a judgment in an ancillary receivership that authorizes the Oregon Insurance Guaranty Association (OIGA) to apply SNIC's surety deposits to claims arising from insurance policies issued by CCCC. The trial court concluded that, as a result of an intercompany pooling agreement, SNIC is legally responsible for CCCC's liabilities and that, in...

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