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WOOLEY v. LUCKSINGER

Nos. 2006 CA 1164, 2006 CA 1165, 2006 CA 1166.

961 So.2d 1225 (2007)

J. Robert WOOLEY, Commissioner of Insurance for the State of Louisiana in his Capacity as Liquidator of Amcare Health Plans of Louisiana, Inc. v. Thomas S. LUCKSINGER, Michael D. Nadler, Stephen J. Nazarenus, Scott Westbrook, Michael K. Jhin, William F. Galtney, John P. Mudd, Executive Risk Indemnity, Inc., Executive Risk Management Associates, Executive Risk Specialty Insurance Company, Executive Liability Underwriters Greenwich Insurance Company, Amcareco, and Amcare Management Inc. J. Robert Wooley, Commissioner of Insurance for the State of Louisiana, in his Capacity as Liquidator for Amcare Health Plans of Louisiana, Inc. v. Foundation Health Corporation, Foundation Health Systems, Inc., and Health Net, Inc. J. Robert Wooley, Commissioner of Insurance for the State of Louisiana, as Liquidator for Amcare Health Plans of Louisiana, Inc., in Receivership v. Pricewaterhousecoopers, LLP.

Court of Appeal of Louisiana, First Circuit.

May 4, 2007.

Attorney(s) appearing for the Case

Joseph J. McKernan, Baton Rouge, Counsel for Plaintiff — Appellant Jean Johnson, Texas Special Deputy Receiver.

R. James George, Jr., Austin, TX, Counsel for Plaintiff — Appellant Jean Johnson, Texas Special Deputy Receiver.

James C. Percy, Baton Rouge, Counsel for Defendant — Appellee Health Net, Inc.

David M. Kerth, Baton Rouge, Counsel for Defendant — Appellee Health Net, Inc.

Before: CIACCIO, LANIER and CLAIBORNE, JJ.

CIACCIO, J.

AmCare Health Plans of Louisiana, Inc., AmCare Health Plans of Texas, Inc., and AmCare Health Plans of Oklahoma, Inc. (collectively "the HMOs") were health maintenance organizations licensed in Louisiana, Texas and Oklahoma. Foundation Health Corp. and/or Foundation Health System, now known as Health Net, Inc. (Health Net), owned the HMOs. Health Net considered the HMOs financial liabilities and sold a majority ownership interest in the HMOs to Thomas...

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