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IN RE AMBASSADOR INS. CO., INC.

No. 07-232.

965 A.2d 486 (2008)

2008 VT 105

In re AMBASSADOR INSURANCE COMPANY, INC.

Supreme Court of Vermont.

August 14, 2008.

Attorney(s) appearing for the Case

Andre D. Bouffard and Charlotte B. Ancel of Downs Rachlin Martin PLLC, Burlington, for Appellant National Indemnity Company.

Bernard D. Lambek of Zalinger Cameron & Lambek, PC, Montpelier, and Brian T. Himmel of Reed Smith LLP, Pittsburgh, Pennsylvania, for Intervenor-Appellant A.P. Green Industries, Inc.

Peter F. Young, Assistant General Counsel, Montpelier, and Richard B. Whitney and Tracy K. Stratford of Jones Day, Cleveland, Ohio, for Appellee Department of Banking, Insurance, Securities and Health Care Administration.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

SKOGLUND, J.

¶ 1. In this appeal, we consider the proper priority status for claims made by an insured's assignee against an insolvent insurer. Liquidator of the insolvent insurance company, Ambassador Insurance, determined that claims—originally held by an insured, A.P. Green Industries, Inc., and classified as priority four claims— should be reclassified as priority five general-creditor claims after...

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