Koken, Insurance Commissioner v. Reliance Insurance Company (Per Curiam Order)
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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT M. DIANE KOKEN, INSURANCE : COMMISSIONER OF THE : COMMONWEALTH OF PENNSYLVANIA, : Appellant : : v. : : RELIANCE INSURANCE COMPANY, : Appellee : : VITAS HEALTHCARE CORPORATION, : VITAS HOLDINGS CORPORATION, : VITAS HEALTHCARE OF TEXAS, L.P., : MAGELLAN REINSURANCE COMPANY : LTD., RBH REINSURANCE LTD., : CITICORP INSURANCE USA, INC., : CITICORP, CSX INSURANCE : COMPANY, CELANESE AMERICAS : CORPORATION, CELWOOD : INSURANCE COMPANY, ELWOOD : INSURANCE LIMITED, ELLEN : DIAMOND, GUARANTY ASSOCIATIONS,: EARTH TECH, INC., NEW MEXICO : MUTUAL CASUALTY COMPANY, : SOUTHWEST CASUALTY COMPANY, : CLIENTS ASSURANCE POOL, LTD., : BAPTIST HEALTH SOUTH FLORIDA, : INC., AND PALM SPRINGS GENERAL : HOSPITAL, : Intervenors : No. 60 MAP 2004 Appeal from the Order and Opinion of the Commonwealth Court entered March 18, 2004 at No. 269 M.D. 2001 REVISED ORDER PER CURIAM: DECIDED: November 23, 2005 AND NOW, this 23rd day of November, 2005, the Commonwealth Court's Order entered on March 18, 2004 is vacated and the case is remanded for discovery relating to the issue of whether Palm Springs General Hospital and Baptist Health South Florida Hospital are entitled to direct access to reinsurance proceeds from American Healthcare Indemnity Company. Madame Justice Newman files a concurring statement.
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