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COM., INS. DEPT. v. KINGSWAY FINANCIAL

No. 611 M.D. 2009.

992 A.2d 255 (2010)

COMMONWEALTH of Pennsylvania, INSURANCE DEPARTMENT, Petitioner v. KINGSWAY FINANCIAL SERVICES, INC., Kingsway America, Inc., Walshire Assurance Company, Breast Cancer Research Foundation, Association of Modern Chinese Art, Meaningful Life Center, MASBIA, St. Stanislaus Church, New York City Rescue Mission, West Side YMCA, American Foundation for AIDS Research A Better Chance, Lawyers for Children, Leary Firefighters Foundation, Children's Aid Society, Citymeals-on-Wheels, American Foundation for the Blind, Broadway Cares, Project Sunshine, Children's Tumor Foundation, Society for the Advance of Travel for the Handicapped, Seeds of Peace, and National Down Syndrome Society, Respondents.

Commonwealth Court of Pennsylvania.

Decided April 1, 2010.

Attorney(s) appearing for the Case

Zella Smith Anderson, Department Counsel, Harrisburg, for petitioner.

Edward M. Posner, Philadelphia, for respondents, Kingsway Financial Services, Inc. and Kingsway America Inc.

BEFORE: PELLEGRINI, Judge, and BUTLER, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Senior Judge FRIEDMAN.

Kingsway Financial Services, Inc. (Kingsway) and Kingsway America, Inc. (Kingsway America) have filed preliminary objections in the nature of a demurrer to the petition for review (Petition) filed in this court's original jurisdiction by the Commonwealth of Pennsylvania, Insurance Department (Department). We sustain the preliminary objections and dismiss the Petition with respect to Kingsway...

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