Boedeker v. Rogers

Karpinski, Judge.

This is an appeal by Harold T. Duryee, Superintendent of Insurance of the Ohio Department of Insurance, in his capacity as the liquidator of the P.I.E. Mutual Insurance Company. Duryee asks us to hold that the same Ohio law that explicitly authorizes the Superintendent of Insurance to assume responsibility over a liquidated insurer’s affairs under Ohio Revised Code Chapter 3908 implicitly authorizes the Superintendent to be substituted as the plaintiff in this action in which shareholders of the insurer pleaded derivative claims on behalf of the corporation as well as…