(DOWNLOAD) "Constance B. Foster v. Mutual Fire" by Supreme Court of Tennessee # Book PDF Kindle ePub Free
eBook details
- Title: Constance B. Foster v. Mutual Fire
- Author : Supreme Court of Tennessee
- Release Date : January 21, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 88 KB
Description
This is an appeal from the Order of the Commonwealth Court modifying, and then approving, a Rehabilitation Plan ("Plan") for Mutual Fire, Marine and Inland Insurance Company ("Mutual Fire") submitted by Appellee, Constance Foster, Insurance Commissioner of the Commonwealth of Pennsylvania ("Commissioner or Rehabilitator"), pursuant to Section 515(a) of Article V of the Act of May 17, 1921, P.L. 789, as amended, by the Act of December 14, 1977, P.L. 280, 40 P.S. ? 221.15 (known as the Insurance Department Act of 1921). While numerous Appellants challenge the Plan on multiple and varying grounds, the threshold issue to be resolved is whether the Plan as submitted legally represents a legitimate plan of Rehabilitation or whether the Plan, in reality, is a de facto liquidation plan, filed by the Rehabilitator lacking any rehabilitative purpose, thus constituting an abuse of her discretion. Should this Court find that the proposed Plan represents a liquidation instead, the numerous appeals herein, which challenge specific provisions of the Plan of rehabilitation, would be rendered moot.
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