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KOKEN v. LEGION INS. CO.

900 A.2d 418 (2006)

M. Diane KOKEN, Insurance Commissioner, Commonwealth of Pennsylvania, Plaintiff v. LEGION INSURANCE COMPANY, Defendant.

Commonwealth Court of Pennsylvania.

Decided March 3, 2006.

Publication Ordered May 22, 2006.

Attorney(s) appearing for the Case

Gaetan J. Alfano, Gregg W. Mackuse, Tamara L. Traynor, Daniel J. McGravey, Philadelphia, for plaintiff.

Kenneth E. Aaron and Michael P. Brundage, Philadelphia, for intervenor, Bank of America, N.A.

OPINION BY Judge LEAVITT.

The Statutory Liquidator of Legion Insurance Company (In Liquidation) requests this Court to order Bank of America, N.A. (Bank) not to assert the doctrines of setoff and recoupment as defenses in a tort action initiated by Legion in the Circuit Court of Hillsborough County in Florida.1 Legion filed this suit in 1999 to recover damages suffered as a result of the Bank's alleged breach of fiduciary duty. The Bank...

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