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PREMERA BLUE CROSS v. STATE, DIV. OF INS.

Nos. S-11486, S-11785.

171 P.3d 1110 (2007)

PREMERA BLUE CROSS, a Washington non-profit corporation, Appellant, v. STATE of Alaska, DEPARTMENT OF COMMERCE, COMMUNITY & ECONOMIC DEVELOPMENT, DIVISION OF INSURANCE, Appellee.

Supreme Court of Alaska.

November 9, 2007.

Attorney(s) appearing for the Case

Stephan H. Williams, Law Office of Stephan Williams, Anchorage, for Appellant.

Signe P. Andersen, Assistant Attorney General, Anchorage, and David W. Márquez, Attorney General, Juneau, for Appellee.

Before: BRYNER, Chief Justice, MATTHEWS, FABE, and CARPENETI, Justices.

OPINION

FABE, Justice.

I. INTRODUCTION

These consolidated appeals concern Alaska's retaliatory tax statute as applied to Premera Blue Cross, a Washington non-profit corporation registered as a hospital and medical services corporation in Alaska. By stipulation and by engaging Blue Cross's refund request on the merits, the Division of Insurance waived its right to argue that Blue Cross should be precluded from seeking a refund...

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