Legal Opinion

State ex rel. Doak v. Pride National Insurance Co.

Court of Civil Appeals of Oklahoma

Decided February 12, 2016No. Case Number: 113454Published

1Opinion of the Court

BRIAN JACK GOREE, JUDGE:

¶ 1 This appeal arises from the receivership of an insolvent insurance company, Defendant Pride National Insurance Company (Pride). Appellant, Fifth Third Bank (Bank), seeks review of the trial court’s order ordering Bank to turn over to the State of Oklahoma, ex rel. John D. Doak, Insurance Commissioner (Receiver), cash collateral securing Bank’s letter of credit. We hold that under the Insurance Code, Bank was a secured creditor who was entitled to discharge its claim by resort to the security. We reverse the trial court’s order and remand this matter with…

2Cases cited7 opinions

  1. In the Matter of Compton Corp., Debtor. Walter Kellogg, Trustee v. Blue Quail Energy, Inc., and Mbank Abilene, N.A.Court of Appeals for the Fifth Circuit · 1988
  2. DuLaney v. Oklahoma State Department of HealthSupreme Court of Oklahoma · 1993
  3. Sharp v. 251st Street Landfill, Inc.Supreme Court of Oklahoma · 1996
  4. First State Bank v. Diamond Plastics Corp.Supreme Court of Oklahoma · 1995
  5. In re PajianCourt of Appeals for the Seventh Circuit · 2015

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