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BROWN v. ANA INS. GROUP

No. 2006 CA 0626.

965 So.2d 902 (2007)

James H. "Jim" BROWN, as Commissioner of Insurance for the State of Louisiana v. ANA INSURANCE GROUP, a Louisiana Partnership.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied October 2, 2007.

Attorney(s) appearing for the Case

Donald C. Massey, Robert N. Markle, New Orleans, Counsel for Plaintiff/Defendant-in-Reconvention/Appellant Commissioner of Insurance, State of Louisiana.

Shelton Dennis Blunt, Barry E. Ward, Baton Rouge, Counsel for Plaintiff/Appellee Michael D. Adams, Receiver of ANA Insurance Group.

Jackie N. Harris, Arlene D. Knighton, Michael R.D. Adams, Baton Rouge, Counsel for Plaintiff/Appellee Michael Adams, Receiver of Estate of ANA Insurance Group.

Alton Moran, Baton Rouge, Counsel for Plaintiff/Appellee Charles Spedale, Liquidator.

Gregory J. McDonald, New Orleans, Counsel for Intervenor/Appellee Commissioner of Insurance, State of California.

Scott Crawford, James R. Lewis, Baton Rouge, Counsel for Defendant/Appellee ANA Insurance Group.

Lewis O. Unglesby, Baton Rouge, Arthur A. Lemann, III, New Orleans, Counsel for Defendant/Plaintiff-in-Reconvention/Appellee Barbara M. Presley.

Edward J. Walter, Jr., Baton Rouge, Counsel for Defendant/Appellee Estate of Sam Presley, Jr.

Charles E. Hamilton, III, New Orleans, Thomas E. Balhoff, Baton Rouge, Counsel for Third Party Defendants/Appellees Hattier, Sanford & Reynoir and Guthans A. Reynoir.

Andrew Blanchfield, Baton Rouge, Counsel for Third Party Defendant/Appellee Transportation Insurance Company.

Morris Mahana, New Orleans, In Proper Person.

E. Barton Conradi, Warren E. Byrd, Baton Rouge, Counsel for Defendant in Reconvention Commissioner of Insurance, State of Louisiana.

Michael McGlone, New Orleans, Counsel for Third Party Defendant/Appellee Richard Bickerstaff.

Michael Charles Guy, Dominique Jones Sam, Assistant Attorneys General, Baton Rouge, Counsel for Amicus Curiae Charles C. Foti, Jr., Attorney General.

Before: PARRO, KUHN, PETTIGREW, DOWNING, and McCLENDON, JJ.

KUHN, J.

This appeal involves a reconventional demand by the owner of an insolvent insurance company against the Louisiana Commissioner of Insurance, in his capacity as liquidator, for breach of his fiduciary duty.1 The Commissioner appeals a judgment in favor of plaintiff-in-reconvention, Barbara M. Presley, in the full and true sum of $1,247,132.00, together with legal interest. We affirm.

FACTS AND PROCEDURAL BACKGROUND

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