Florida Independent Automobile Dealers Ass'n Health & Welfare Benefit Plan ex rel. Reinecke Agency, Inc. v. Fidelity Security Life Ins.

BROCK, N.D., Associate Judge.

The question presented in this appeal1 is whether the trial court erred in denying an insolvent insurer’s motion to have a stipulated dismissal set aside on the ground that the insolvent’s order of receivership prevented the filing of the stipulation without the approval of the receivership court. We vacate the order denying the motion.

This appeal involves an insolvent insurer and one of its re-insurers. On May 5, 1989, the appellant, Florida Independent Automobile Dealers Association Health and Welfare Benefit Plan (FIADA) filed a claim against appellee, Fidelity…