In Re the Liquidation of Union Indemnity Insurance

I respectfully dissent. I disagree with the majority’s proposition that all questions in this case regarding “what the Legislature allowed or prohibited under the Security Fund scheme [are] matters substantive and preserved for independent judicial assessment” (majority opn, at 115 [emphasis supplied]). The Superintendent of Insurance has the central role in the administration of both the liquidation of an insolvent insurer and of the New York Property/Casualty Insurance Security Fund. The procedures for liquidating the insolvent insurer’s estate and for claims against the Security Fund are…