IN THE MATTER OF LIQUIDATION OF INTEGRITY INSURANCE COMPANY

No. A-4769-10T1.

IN THE MATTER OF THE LIQUIDATION OF INTEGRITY INSURANCE COMPANY/THE DEFENDANT CLASS/ROBERT A. KEASBEY COMPANY.

Superior Court of New Jersey, Appellate Division.

Decided April 18, 2012.


Attorney(s) appearing for the Case

Richard Shore (Gilbert L.L.P.) of the D.C. Bar, admitted pro hac vice, argued the cause for appellant The Defendant Class/ Robert A. Keasbey Company (The Killian Firm, P.C., and Mr. Shore , attorneys; Eugene Killian, Jr. and Ryan Milun , on the brief).

David M. Freeman argued the cause for respondent Thomas B. Considine , The Commissioner of Banking and Insurance of the State of New Jersey in his capacity as Liquidator of Integrity Insurance Company (Mazie Slater Katz & Freeman, L.L.C., attorneys; Mr. Freeman , of counsel; Mr. Freeman and John D. Gagnon , on the brief).

Before Judges Payne and Simonelli.


NOT FOR PUBLICATION

PER CURIAM.

This appeal, one of a series arising as the result of the insolvency and subsequent liquidation of Integrity Insurance Company, raises the issue of whether Integrity's Liquidator properly exercised his discretion, pursuant to N.J.S.A. 17:30C-28b, in denying recovery to third-party claimants who had asserted contingent claims against Integrity's estate arising from alleged asbestos-related injuries. Concluding...

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