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SUN LIFE ASSUR. CO. OF CANADA v. MANNA

No. 103849.

879 N.E.2d 320 (2007)

227 Ill.2d 128

SUN LIFE ASSURANCE COMPANY OF CANADA, Appellant, v. Deirdre K. MANNA, Acting Director of Insurance, et al., Appellees.

Supreme Court of Illinois.

November 29, 2007.

Attorney(s) appearing for the Case

Mary Kay M. Martire, Anna Downs-Temple, of Foley & Lardner LLP, R. Lee Christie, Tracy D. Williams, of Sidley Austin LLP, Chicago, for appellant.

Lisa Madigan, Attorney General, Springfield (Deborah L. Ahlstrand, Assistant Attorney General, Chicago, Robert E. Wagner, Springfield, Iain D. Johnston, Special Assistant Attorney General, of Holland & Knight LLP, Chicago, of counsel), for appellees.

Alan J. Martin, Robert M. Dow, Jr., Chicago, Jeffrey A. Berger, Washington, D.C., all of Mayer Brown Rowe & Maw LLP, Kay Noonan, Kansas City, Missouri, for amicus curiae National Association of Insurance Commissioners.

OPINION

Justice FITZGERALD delivered the judgment of the court, with opinion:

Sun Life Assurance Company of Canada (Sun Life) brought a declaratory judgment action against the Director of Insurance for the State of Illinois, and the Division of Insurance of the Illinois Department of Financial and Professional Regulation (Division), claiming that Illinois' retaliatory tax (215 ILCS 5/444 (West 2006)) on alien corporations is unconstitutional. The circuit...

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