MATTER OF FRONTIER INS. CO.

97-06.

36 Misc.3d 529 (2012)

945 N.Y.S.2d 866

2012 NY Slip Op 22139

In the Matter of the REHABILITATION OF FRONTIER INSURANCE COMPANY.

Supreme Court, Albany County.

May 23, 2012.


Attorney(s) appearing for the Case

Dornbush Schaeffer Strongin & Venaglia, LLP, New York City ( William F. Costigan of counsel), for rehabilitator. Law Offices of Christopher Dubois, Rock Hill, for Frontier Insurance Company. Walther, Roaark & Gay, PLC, Lexington, Kentucky ( Jonathan L. Gay of counsel), and Hargraves McConnell & Costigan, P.C., New York City ( John McConnell of counsel), for Commonwealth of Kentucky Department of Workers' Claims and another. Eric H. Holder, Jr. , United States Attorney General, Washington, DC ( Stuart F. Delery and Frances M. McLaughlin of counsel), for United States. Ficara & Associates, P.C., Melville ( Donald J. Cayea of counsel), for Callon Petroleum. Ficara & Associates, P.C., Melville ( Donald J. Cayea of counsel), and Arnstein & Lehr, LLP, Chicago, Illinois ( Mary Cannon Veed of counsel), for The Martin Family Charitable Trust. Ficara & Associates, P.C., Melville ( Donald J. Cayea of counsel), and Wharton Law Group, Oviedo, Florida ( Margaret A. Wharton of counsel), for Logo Holdings, LLC. Chadbourne & Parke, LLP, New York City ( Richard G. Liskov of counsel), for Russ Hill. Morrison Cohen LLP, New York City ( Y. David Scharf of counsel), for Unit 82 Joint Venture. Patrick F. Adams, P.L.L.C., Great River ( Gary A. Pagliarello of counsel), for St. John's the Baptist Diocesan High School. Lazlo Komjathy, Jr. , San Francisco, California, for California Department of Insurance. Locke & Lord, LLP, Chicago, Illinois ( Thomas W. Jenkins of counsel), for Frontier Insurance Company Coordinating Committee.


OPINION OF THE COURT

RICHARD M. PLATKIN, J.

More than a decade ago, on October 10, 2001, Supreme Court, New York County (Lehner, J.) granted the application of the Superintendent of Financial Services (the Superintendent)1 to be appointed as rehabilitator (Rehabilitator) of Frontier Insurance Company (Frontier) pursuant to article 74 of the Insurance Law.

In a decision and order dated July 15, 2010, this court determined...

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