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STATE EX REL. NEIDIG v. SUPERIOR NAT. INS.

(00C-18554; CA A124825; SC S54315).

173 P.3d 123 (2007)

343 Or. 434

STATE of Oregon ex rel. Mary NEIDIG, Director, Department of Consumer and Business Services, Petitioner, and Oregon Insurance Guaranty Association, an association, Petitioner on Review, v. SUPERIOR NATIONAL INSURANCE COMPANY, a California corporation, and Commercial Compensation Casualty Company, a California corporation, Respondents on Review.

Supreme Court of Oregon, En Banc.

Decided November 29, 2007.

Attorney(s) appearing for the Case

John L. Langslet, of Martin Bischoff Templeton Langslet & Hoffman LLP, Portland, argued the cause and filed the brief for petitioner on review. With him on the brief was Justin M. Thorp.

James N. Westwood, of Stoel Rives LLP, Portland, argued the cause and filed the brief for respondents on review.

BALMER, J.

This ancillary receivership action concerns a $10.6 million deposit that an insurance company made with the Department of Consumer and Business Services (DCBS). The case presents the issue whether DCBS may use the statutory deposit of one insurer to satisfy the statutory liabilities of another insurer that has become insolvent. Our resolution of that issue in this case requires us to consider three legal questions...

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