Foster v. Rockwood Holding Co.

KELLEY, Judge.

Presently before this court for disposition is plaintiffs’, Insurance Commissioner of the Commonwealth of Pennsylvania, in her capacity as liquidator of Rockwood Insurance Company, and Rockwood Energy and Mineral Corporation, cross motion to strike affirmative defenses.

The Insurance Commissioner commenced this action in her capacity as statutory liquidator of Rockwood Insurance Company (RIC) in September of 1991 against the various defendants pursuant to section 523 of the Insurance Department Act of 1921 1 to recover in excess of $140 million in losses suffered by RIC. 2 An…