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STATE EX REL. WAGNER v. UNITED NAT. INS. CO.

No. S-07-1160.

761 N.W.2d 916 (2009)

277 Neb. 308

STATE of Nebraska ex rel. L. Tim WAGNER, Director of Insurance of the State of Nebraska, as Liquidator of Amwest Surety Insurance Company, Appellant, v. UNITED NATIONAL INSURANCE COMPANY et al., Appellees.

Supreme Court of Nebraska.

March 6, 2009.

Attorney(s) appearing for the Case

Robert L. Nefsky, John H. Binning, and Jane F. Langan, of Rembolt Ludtke, L.L.P., Lincoln, and Mark I. Wallach and Matthew M. Mendoza, of Calfee, Halter & Griswold, L.L.P., Cleveland, OH, for appellant.

Jerald L. Rauterkus, of Erickson & Sederstrom, P.C., Lincoln, and, of Counsel, Michael P. Comiskey and Hugh S. Balsam, of Locke, Lord, Bissell & Liddell, L.L.P., Chicago, IL, for appellee United National Insurance Company.

Kevin J. Schneider and Travis P. O'Gorman, of Cline, Williams, Wright, Johnson & Oldfather, L.L.P., Lincoln, and R. Douglas Rees and Lauren N. Pierce, of Cooper & Scully, P.C., Dallas, TX, for appellee General Agents Insurance Company of America, Inc.

HEAVICAN, C.J., CONNOLLY, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

HEAVICAN, C.J.

INTRODUCTION

L. Tim Wagner, acting as liquidator, appeals the order of the Lancaster County District Court granting summary judgment to United National Insurance Company (United National) and General Agents Insurance Company of America, Inc. (GAINSCO). The liquidator was acting pursuant to the authority granted him under the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, Neb. Rev.Stat. § 44-4801 et seq. (Reissue 1998...

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