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MATTER OF FRONTIER INSURANCE COMPANY

509615.

78 A.D.3d 1315 (2010)

910 N.Y.S.2d 241

In the Matter of the Rehabilitation of FRONTIER INSURANCE COMPANY. DIXON ELECTRIC, INC., Appellant FRONTIER INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided November 4, 2010.

McCarthy, J.

Petitioner entered into a contract with MC Construction, Inc. to perform electrical work on a construction project in Kentucky. Respondent issued a payment bond on the project to MC Management, Inc. Respondent later became insolvent and entered into rehabilitation pursuant to Insurance Law article 74, with the Superintendent of Insurance as rehabilitator. Petitioner filed a claim against the payment bond, which the

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