In re Ambassador Insurance Co., Inc.

In re Ambassador Insurance Co., Inc. (2007-232)

2007 VT 74

[Filed 18-Jul-2007]

                                 ENTRY ORDER

                                 2007 VT 74

                      SUPREME COURT DOCKET NO. 2007-232
    
                               JULY TERM, 2007


  In re Ambassador Insurance          }          APPEALED FROM:
  Company, Inc.                       }
                                      }
                                      }
                                      }          Washington Superior Court
                                      }  
                                      }
                                      }          DOCKET NO. S444-83 WnC


             In the above-entitled cause, the Clerk will enter:


       ¶  1.  The above appeal is dismissed as improvidently granted.


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                                 Dissenting

       ¶  2.  REIBER, C.J., dissenting.   I would accept the appeal for
  several reasons.  First, this case has been going on for years, and it
  appears that resolution of the issue raised in this appeal will likely
  result in allowing payment of the remaining assets to deserving creditors
  and policyholders.  Second, the superior court granted an unopposed motion
  for permission to appeal; thus, all parties concerned want an appeal to
  move the case forward.  Third, given the substantial sum of money at stake,
  and the nature of the superior court's ruling, the case is unlikely to
  settle.  Fourth, the issue sought to be appealed involves a pure question
  of law that can be resolved on the undisputed facts of the case.  I am
  authorized to say that J. Dooley would also accept the appeal for the same
  reasons.


  Dissenting:                          BY THE COURT:


  _________________________________    _______________________________________
  Paul L. Reiber, Chief Justice        Denise R. Johnson, Associate Justice

  _________________________________    _______________________________________
  John A. Dooley, Associate Justice    Marilyn S. Skoglund, Associate Justice

                                       _______________________________________
                                       Brian L. Burgess, Associate Justice