Albany Insurance Co. v. Stephens

OPINION

JOHNSTONE, Judge.

The single question to be resolved in this appeal is whether KRS 304.33-330 precludes appellants from setting off premiums owed the estate of Delta America Re Insurance Company, a company in liquidation, against losses owed by Delta to appellants. The trial judge concluded that appellants were not entitled to the requested set-off, upholding the liquidator’s partial rejection of appellants’ proofs of claim. Finding no error in the decision of the trial judge, we affirm.

This appeal arises from the context of complex litigation stemming from the declaration of Delta’s…