State Ex Rel. Crawford v. Guardian Life Insurance Co. of America

OP ALA, J.,

with whom HODGES and WILSON, JJ., join, dissenting.

¶ 1 Today’s pronouncement declares that the trial court erred in allowing the terms of 36 O.S.1991 § 1928 B.41 to serve as the basis for depriving the reinsurer, The Guardian Life Insurance Company of America (Guardian), of its contractual-offset bargain because a) the invoked statutory provisions were not in force when the reinsurance contract was made and b) their interposition would imper-missibly impair the obligation of Guardian’s reinsurance contract. I cannot accede to the court’s view that the nisi prius judgment must be…