Western Insurance v. A & H Insurance, No. 14-4065 (10th Cir. 2015)Annotate this Case
Western Insurance Company was insolvent and was being liquidated in Utah state court pursuant to the Utah Insurer Receivership Act. As a part of that liquidation, the Liquidator brought an ancillary proceeding against several of Western's "affiliates" to recover funds Western had transferred to them. The Defendants removed the ancillary proceeding to federal district court pursuant to the court’s
diversity jurisdiction. The Liquidator responded by seeking a remand, which the district court granted. Defendants appealed, but concluding that it lacked appellate jurisdiction the Tenth Circuit dismissed the appeal.